Controversial surgeon Wynne Lieberthal has reached an out-of-court settlement with a former patient who accused him of leaving him unable to lead a normal life after an operation.
Former warehouse controller Petrus Strauss, 54, had sued Lieberthal, who has been struck off the medical roll, for R2,9-million in view of the pain and suffering he endured, future medical expenses, the loss of past and future income, and damage to his normal life.
But on Tuesday the parties reached an agreement, details of which are confidential.
In court papers, Strauss alleged that Lieberthal had misdiagnosed his condition and then performed surgery on him while his operating arm was in a cast. Lieberthal denied these claims and that he had been negligent.
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'He (Lieberthal) made some inexcusable misdiagnoses' The matter was set down for hearing in the Johannesburg High Court on Wednesday, but the parties reached a settlement at the weekend.
Strauss's lawyer, Mervyn Joseph, confirmed that the matter had been settled out of court but said: "Unfortunately I am not at liberty to discuss the terms of the settlement."
Joseph added that both parties were happy and satisfied with the settlement.
Strauss had said Lieberthal operated on him in February 2002 without taking appropriate and proper care to determine whether the procedure was necessary.
In his claim, Strauss said he originally went to see Lieberthal because he was experiencing pain.
The disgraced spinal surgeon informed him that a cervical vertebra was fragmented, a lumbar vertebra was damaged, and he would need surgery, Strauss stated.
The operation went ahead, even though, Strauss said, Lieberthal had a broken arm. According to Strauss, Lieberthal is left-handed and had a plaster cast on that arm.
Strauss believed Lieberthal was negligent in rushing him into surgery and should have opted for conservative treatment.
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