Woman sues Mpumalanga health dept for R40m after alleged botched operation

A 30-year-old woman from Mpumalanga is suing the provincial department of health for R40 million for an alleged botched operation performed at the Witbank Provincial Hospital last year.

It is alleged that Thabile Choma suffered serious trauma and pain as a result of an operation. Lawyer Mabu Marweshe from Marweshe Attorneys said on 21 November last year, Choma, who was pregnant at the time, was admitted at the hospital.

“During the very same day due to high blood pressure, the medical staff at the hospital decided to conduct an emergency operation on our client to make sure that her baby is delivered as soon as possible.

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“For several days after the emergency operation, our client complained about unbearable pain, which was simply ignored by the medical staff.

“She was subsequently discharged from the hospital on 23 November. When she was discharged her situation [had] deteriorated.

“On 24 November, she was seen by the medical staff in casualty after having complained of shortness of breath, headache and swollen legs.”

Marweshe alleged the operation/procedure was performed by an incompetent doctor. He said his client’s ileum was impaired after the procedure, causing stools to come out of her belly.

He claimed the doctor did not tell Choma the operation had gone wrong and afterwards, “she was not attended to for two days [when] her husband went to see the matron…

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“It is recorded that when the procedure was performed, the doctor was alone in the theatre without the assistance of a second doctor with requisite experience.”

Operation investigation

He said the investigation revealed the operation took almost two hours instead of 30 minutes, the average time for such a procedure. The lawyer has accused the doctor, whose name is known to The Citizen, of failing to seek a second opinion, which he claimed was a standard operating procedure, and that a consultant should have been present during the operation.

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“The doctor is relatively junior and as such should not have been allowed to perform the complicated procedure on our client without the assistance of the experienced doctor,” he said.

“Our client suffered emotional shock, trauma, psychological shock and bodily harm, which requires current and future medical expenses.

“She is now unable to take care of her infant and she will not be able to have children in the future due to the damage caused.”

Letter of demand

A letter of demand to the department of health, seen by The Citizen, stated Choma’s rights to human dignity in terms of Section 10 of the constitution and her right to freedom and security in terms of Section 12 of the constitution were violated.

It stated that the hospital and health MEC Sasekani Manzini had a duty to ensure that measures were put in place to safeguard a patient’s safety. They had a duty to conduct an investigation, including a disciplinary hearing, and take action against the doctor responsible, but had failed to do so.

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“For this, our client demands compensation inter alia, from the MEC. The payment for general damages, current and future medical expenses, emotional and psychological shock and trauma in the amount of R40 million.”

Mpumalanga health spokesperson Dumisani Malamule said the department’s legal section was not aware of any litigation concerning the matter.

– masokad@citizen.co.za