Matikwane Hospital faces million-rand lawsuit for alleged negligence

The family of Lazarus Mathabele (57), who was found dead outside Matikwane Hospital in Mkhuhlu near Hazyview on July 24, is suing the Mpumalanga Department of Health for R40m for allegedly failing to ensure the patient’s safety.

When the family remained dissatisfied with the hospital management’s explanation of what might have led to his death, they decided to obtain legal advice.

His body was found on the street by community members on their way to work early that morning.

According to Grace Mathabele, his daughter, it has been a month since her father died, but the family is still struggling to find closure.

“We took him to the hospital because he was struggling to breathe and he had spent many days there before the incident happened. When we visited him, he was critically ill and could not even manage to go to the bathroom by himself. He needed assistance, so it is not possible for a person who was in that position to sneak out of the hospital without anyone noticing.”

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According to Grace, the hospital called them at around 04:00, notifying them that her father had gone missing.

When they arrived at the hospital later that morning, a search was launched, initially without success, but after a few hours, some community members alerted the authorities that they had found Lazarus’s body.

“On arrival at the scene, my father was found half naked, wearing only underwear, with his cellphone next to him,” she recalled.

The family considered whether he could have wandered away, but considered this unlikely after considering the premises, layout, security and patient visibility. They contend that his mental health was not affected and that his leaving the hospital would not have been the result of any mental issue.

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The family accuses the hospital of negligence and wants its management held accountable for the incident. They have hired Adv July Sibuyi to represent them, and he sent a letter of demand to the Department of Health launching legal proceedings.

“Yes, it is true that we are suing MEC Sasekani Manzini and the hospital for R40m due to the negligence that has cost the family a breadwinner,” Grace said. “They should pay for the damage caused.”

The Department of Health’s spokesperson, Dumisani Malamule, said he could not comment on the matter as it was sub judice.