Durban - An elderly Pietermaritzburg woman has questioned whether the Health Department was waiting for her to die so that it would not have to pay damages for her medical negligence claim.
Isabella Brink Beyers Smith, 85, who is claiming R425 000 for damages, after allegedly being given formalin to drink instead of water at Grey’s Hospital in 2010, was visibly upset on Thursday when her case was adjourned in the High Court for trial dates to be arranged.
Smith said angrily: “They (the hospital) ruined my life and now they are making me wait.”
Her attorney, Siva Chetty, said the State had delayed the matter. “This is a small claim which should have been settled. It’s clear that the legal costs will exceed the claim.”
Chetty added that on Wednesday the department presented an offer, which it had before, that was totally ridiculous. He added “it was shocking” that the State still denied she was given formalin, when all the records indicated she was.
Smith said: “To add insult to my injury, they (the department) tried to change their plea to say I caused the problem. How can you blame me for drinking it?”
Chetty clarified that the State wanted to amend its plea to say “contributory negligence”, which meant that she caused the problem.
Health spokesman Sam Mkhwanazi said he could not comment as the matter was in court. Court papers said that the department had denied liability.
Smith had been in hospital for knee surgery on May 5, 2010. She alleged that in the recovery room the anaesthetist who had performed the anaesthetic on her handed her a container.
She took a big gulp and immediately felt an excruciating and burning pain in her nose, mouth, chest and stomach. She had been given formalin to drink instead of water.
Smith was then treated for formalin ingestion, toxicity and complications. She said on Thursday that she could not enjoy food. She survived on liquids and soft foods.
“I can’t even go to restaurants because I want to vomit when I eat. I lost about 27kg after the surgery.” The incident had also affected her psychologically.
The Mercury