A former SAPS officer whose finger was amputated after he was bitten by a suspect while on duty has been given the green light to continue with his claim against a medical group and several doctors.
Molalose Ishmael has claimed more than R2m from the Meredale Medical Centre, based on alleged negligence and breach of legal duty, reports The Star.
Previously, the hospital group and doctors had asked the court to reject his claim, saying it was instituted outside the time frame in which he was allowed to claim damages.
The Gauteng High Court had granted the application.
Now, after successfully appealing against that ruling, Ishmael will be able to take the matter further.
The claim dates back to July 2015 when a suspect had bitten the little finger on his right hand while Ishmael was assisting a prison warden.
He was first treated at Meredale Medical Centre and then transferred to Netcare Garden City Hospital, where he was told him the previous doctors had misdiagnosed him, and that no further treatment could be performed except amputation – which was subsequently performed.
Ishmael issued summons against the Meredale Medical Centre in June 2018, claiming R1.7m for general damages, R150 000 for past and future medical and related expenses, and R200 000 for past and future loss of earnings.
He said his misfortune was due to the negligence and breach of legal duty by the Meredale Medical Centre’s doctors. The medical centre, however, served him with a special plea, alleging that the treating doctors were not employed by it.
Ishmael brought an application to join the doctors – who had treated him – as additional defendants in the main action. All of the defendants subsequently filed notices that they would oppose the claims as well as the joinder application.
Their attorneys also served a special plea of prescription of the claim, in which they said that the treatment Ishmael received from them was rendered in July and August 2015. They relied on the prescription act and said his claim for damages had lapsed in August 2018.
But the court found that the claim had not lapsed in law and that the High Court was wrong in finding this.
Ishmael can now proceed with his application to try to recover damages for his missing digit.
judgment finger
See more from MedicalBrief archives:
R2m claim: Finger amputated after emergency centre treatment
Health facility ordered to pay damages over ‘finger bite’ negligence
KZN mother sues over baby’s arm amputation