The National Department of Health has finally accepted liability for the death during the Covid-19 pandemic of a patient who died of gross negligence and starvation at Tembisa Hospital, according to a lawyer representing the family, reports the Cape Argus.
With that acknowledgement, and after a victorious civil claim for compensation, a milestone has been reached for the family of Shonisani Lethole, who died six years ago.
The claim had been brought on the family’s behalf by lawyer Tzvi Brivik, a director at Malcolm Lyons & Brivik Inc.
Brivik said this establishes responsibility to compensate the family, although the final amount payable is yet to be determined.
Five members of Lethole’s family had instituted a civil damages claim against the Minister of Health and the Gauteng MEC for Health, arising from the tragedy at Tembisa Hospital between 23-29 June 2020.
According to court papers, the defendants’ legal argument at the time was that a claimant must generally give the relevant organ of state written notice of the intention to institute legal proceedings.
The defendants’ relief sought was the dismissal of the plaintiffs’ action with costs or, alternatively, the suspension of the claim for the period during which the notice should have been given.
Lethole’s story made headlines in 2020, during the height of the Covid-19 pandemic: he had arrived at the hospital on 23 June needing urgent help, and six days later, the 34-year-old was pronounced dead, leaving his family to confront not only the loss of a much-loved son, brother and fiancé, but also disturbing questions about the care he had received.
Lethole had posted on X that he had not eaten for 48 hours and that staff did not seem to care about his suffering. He had been admitted with chest pain, difficulty breathing and general weakness, and was seriously ill with Covid-19 pneumonia.
The Health Ombud subsequently initiated an investigation.
The court papers describe a succession of failures. They allege that doctors did not properly act on test results indicating serious illness, that his condition and oxygen levels were inadequately monitored, and that an oxygen cylinder ran empty and remained empty for a prolonged period.
“Alongside those medical concerns were failures that no one could understand: a patient not being fed, not being helped to use the toilet and not being kept clean,” Brivik said. The family also alleges that food his parents delivered to the hospital never reached him.
Additionally, the claim describes failures to keep proper records, and lack of updating communication between staff and family about his condition.
The ombud probe found Lethole “had not been fed for 100 hours and 54 minutes” and that staff had been grossly negligent. It was recommended that 18 staff, including doctors and nurses, should face disciplinary action. The hospital’s CEO was also suspended almost immediately afterwards.
The National Department of Health has not yet responded to a request for comment.
Cape Argus PressReader article – Lethole family to get compensation (Open access)
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Tribunal upholds ‘grossly negligent’ ruling against Tembisa Hospital CEO and staff
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Health Ombud completes probe into Tembisa Hospital patient’s death