A doctor who compiled the medico-legal report in a case of negligence brought against Eastern Cape Health has told Mthatha Regional Court Magistrate Sizakele Sihlahla that the attempted litigation was nothing short of ludicrous.
Daily Dispatch reports that Dr Charles Ronald Nelson, an obstetrician, further said the summons drawn up by the plaintiff’s attorney had plagiarised an unrelated case of cerebral palsy with totally different clinical circumstances. Nelson was testifying against attorney Zuko Nonxuba, of Nonxuba Inc, who faces three counts of fraud after being arrested in 2019 by the Hawks.
The case relates to three claims of negligence amounting to more than R45m against the department. Nonxuba had claimed R15m in damages for negligent medical treatment of each child, broken down into personal injuries, past and future medical expenses, past and present loss of income, and general damages for pain and suffering, loss of amenities of life and disablement.
The state is disputing that the three children were left disabled as a result of negligence by the nurses and doctors. The state further said they were not entitled to claim for compensation from the department.
Full Daily Dispatch report (Restricted access)
See also from the MedicalBrief archives:
SIU finds legal practitioner corruption in negligence claims
Nonxuba: The 'deplorable pathology' of medico-legal litigation