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Gauteng Health MEC ordered to pay damages for hysterectomy after C-section complications
via The Citizen4 min read
The Supreme Court of Appeal SCA has directed the Gauteng Health MEC to compensate a woman, identified as C.B.M., for the removal of her uterus following complications during childbirth. The ruling partially upheld an appeal by the MEC against an earlier Gauteng High Court decision. C.B.M. sought medical assistance in April 2016 and was referred to Dr George Mukhari Academic Hospital, where she underwent an urgent caesarean section due to detected complications. She experienced severe postpartum haemorrhage, leading doctors to perform an emergency hysterectomy to save her life. C.B.M. subsequently initiated legal proceedings, alleging substandard medical care led to the loss of her uterus. The SCA found that while some of C.B.M.'s claims were rejected, she is entitled to damages related to the hysterectomy. The court criticized the testimony of C.B.M.'s expert witness, Dr Mpho Stella Pooe, due to her suspension by the Health Professions Council of South Africa and her failure to disclose it. Conversely, the testimony of Dr Anne Manthata-Cruywagen, the MEC's expert witness, was found to be well-reasoned. The SCA noted a high probability against a hysterectomy being necessary in an ordinary caesarean unless there was a culpable mistake, and also criticized the MEC's legal team for not calling the operating doctors to testify. The Gauteng Health MEC was ordered to pay damages for the loss of the uterus and the legal costs of the appeal.
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