A Limpopo mother has successfully sued the provincial Health MEC for damages after an orthopaedic surgeon operated on her eight-year-old son – but on the wrong knee, which has now been permanently damaged, and with the original problem on the other knee remaining uncorrected, reports The Mercury.
The mother said she had initially been relieved when her child came out of surgery at Lebowakgomo Hospital, as she believed that the problem related to his left knee would finally be resolved.
However, she discovered that the doctors had actually operated on his right knee – which had no problems.
She told the Limpopo High Court (Polokwane) that she had instituted the damages claims as the doctor who performed the surgery was clearly negligent.
The boy, only identified as O, underwent a surgical procedure called femoral supracondylar osteotomy – a doctor at the hospital having initially diagnosed him as having “anterior ligament instability”.
But an expert who testified during the trial told the court the doctor should reasonably have been aware that knee ligament injuries are improbable in growing children. The expert concluded that in O’s case, the probable diagnosis was a cruciate ligament.
Although O was never admitted to the hospital with a history of a problem with his right knee, and records show planned surgery to reconstruct a ligament in his left knee, inexplicably, surgery was performed on the wrong knee.
During surgery, the surgeon decided to abandon the ligament repair as the ligaments were found to be intact on the knee. But he did another procedure, which resulted in a massive flexion deformity of the femur.
The medical expert told the court that not only did the surgeon operate on the incorrect leg, but the surgery itself was poorly done in terms of the result that he apparently attempted to achieve.
Due to poor aftercare and rehabilitation, O’s right femur healed with gross malalignment and loss of mobility. To make matters worse, he still had problems with his left knee.
The mother, meanwhile, testified that when her son was 18-months-old, she noticed he could not walk. She took him to various hospitals, and it was decided that he needed to wear a brace on his left leg, but there was no improvement.
The orthopaedic surgeon who eventually performed the (wrong) operation was recommended by a neighbour. She subsequently signed the consent for the procedure, which pertained to left knee ligament reconstruction and arthroscopy surgery.
This surgery had to be postponed twice for various reasons, which included non-functioning theatre equipment, and the mother said she was so relieved when the operation was finally done. But she could not stop crying when she realised it was the wrong leg.
She said she never gave consent for the right knee to be operated on, as she was never told there were problems with both knees, but she said the doctor insisted it was the right leg.
In ruling against the health authority, Acting Judge LA Nkoana said there was no reason not to accept the evidence of the mother and her expert regarding the negligence of the doctor.
The amount of damages payable will be decided at a later hearing.
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