A woman pursuing a R2m medical negligence claim against two doctors has been given the go-ahead by the North West High Court (Mahikeng) to proceed after it dismissed an application by one of them to have the lawsuit thrown out, reports IOL.
The woman alleges she suffered severe complications after the termination of her pregnancy, which resulted in the removal of one of her fallopian tubes, and is claiming more than R2m in damages.
Acting Judge BF Mnyovu ruled that her case contains sufficient facts to proceed to trial, dismissing the doctor’s exception with costs.
According to the judgment, the woman consulted the first defendant, obstetrician/gynaecologist Dr Lofembe Ekofo, in May and June 2023 after falling pregnant. After consultations and ultrasound examinations, he referred her to Dr Lesego Ismael Mokaed, a GP, to perform the termination of her pregnancy.
But she said the procedure resulted in severe complications, including a burst fallopian tube that had to be surgically removed. The woman claims the complications were caused by the medical negligence of both doctors, and is seeking R1 924 000 in general damages and a further R77 329.33 in special damages, with a total claim of just more than R2m.
Doctor sought to stop the lawsuit
However, instead of filing a plea to the allegations, Ekofo launched an exception, arguing that her amended particulars of claim were vague, embarrassing and failed to disclose a valid cause of action.
He argued that she had not properly pleaded the nature of the alleged relationship between them, the legal duty owed to her or the basis for her damages, and that the pleadings did not comply with the Uniform Rules of Court.
Judge Mnyovu rejected all of the arguments, finding that the woman’s pleadings clearly established a professional doctor-patient relationship arising from the consultations.
The court held that the allegations set out the material facts required for the claim and that the doctor could either admit or deny them in his defence. Additionally, he found the woman’s allegations regarding her injuries and damages had been proved through medical experts and other evidence during the trial.
Negligence claim to continue
The judge said Ekofo’s attempt to dispose of the matter on technical grounds amounted to an “over-technical approach” and that there was no merit in the argument that the pleadings were vague or embarrassing.
The amended particulars of claim contained sufficient material facts for the case to proceed, he said. He ultimately dismissed the exception with costs, allowing the medical negligence action against both doctors to continue, where the woman will have the opportunity to present evidence to support her claim.
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