South African emergency medical services (EMS) have a shortage of over 2,000 ambulances, as confirmed by former Minister of Health Dr Aaron Motsoaledi. The pressure that EMS are experiencing is leading to devastating consequences for patients.
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South African personal injury law firm DSC Attorneys has issued a stark warning: when ambulances are delayed or fail to arrive altogether, and lives are lost or health outcomes worsened, there may be grounds for legal action.
“We are increasingly seeing cases where ambulance delays have directly contributed to preventable deaths or severe injury,” says Kirstie Haslam, partner at DSC Attorneys.
“What’s more concerning is that victims and families often don’t realise that they may have the right to claim compensation when emergency medical negligence occurs.”
Yoliswa Sobuwa 28 Jan 2025 Emergency service crisis
National EMS standards recommend one ambulance per 10,000 people, yet in many provinces; including the Eastern Cape, North West, and parts of KwaZulu-Natal this target is nowhere near being met. Reports show patients waiting hours for help or receiving none at all.
Some of the tragic outcomes include:
- Children dying from treatable conditions due to delayed transport.
- Stroke and heart attack victims are suffering permanent disability after critical delays.
- Rural communities are left completely without access to emergency care.
“This is not just a service delivery issue,” says Haslam.
“It’s a matter of life and death, and under South African law, if a person’s right to emergency healthcare is violated and harm results, the state or EMS provider could be held legally accountable.”
Liability in cases of EMS failure
In cases of EMS failure, liability may fall on:
- The provincial department of health, if the failure stems from systemic under-resourcing or poor management.
- Private EMS providers, if they act negligently or breach their contractual duties.
- Hospitals, if delays in coordinating ambulance responses lead to injury or death.
Legal claims could fall under medical malpractice, personal injury, or even constitutional claims for the violation of the right to healthcare (Section 27 of the Constitution).
Document everything
Haslam explains that in the event you or a loved one has suffered harm due to delayed or denied ambulance service, you should document everything, seek medical records and consult a personal injury attorney.
“In documenting the incident, take note of the time that the emergency was reported, how long the ambulance took to arrive, or whether it arrived at all,” she says.
“Every minute counts in a medical emergency, and when an ambulance doesn’t arrive in time, the consequences can be irreversible. South Africans deserve better,” she adds.
“Until there is real accountability and investment in emergency medical services, we will continue to see lives lost unnecessarily, and where there is negligence, we will continue to fight for justice on behalf of the victims.”
