KZN Health MEC faces new lawsuit

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Published Jun 21, 2016

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Durban - A KwaZulu-Natal woman is suing two provincial hospitals and the MEC for Health for R10 million after several medical procedures left her a paraplegic.

According to court papers filed at the Pietermaritzburg High Court on Monday, Thembisile Nzimande, 40, went to St Mary’s Hospital in Mariannhill on December 20, 2010, complaining of fever, backache, neck pain, and fatigue.

St Mary’s Hospital is a state-aided district hospital which is owned by the Missionary Sisters of the Precious Blood (a religious Catholic Order)

The provisional diagnosis was one of stress, diabetes and a possible urinary infection. Nzimande was discharged from the hospital with medication.

On January 24, 2011, Nzimande was readmitted to the hospital with pain and stiffness in her neck, headaches, nausea, backache and loss of appetite.

Her blood pressure was also high and a diagnosis of TB meningitis was recorded.

From January 25 to February 7, 2011 Nzimande said she underwent numerous examinations, including a series of lumbar puncture procedures after which a finding of abdominal TB was made.

Nzimande was then discharged, but was again readmitted on March 9, 2011 with the same symptoms as before.

Again she underwent several lumbar puncture procedures and was eventually transferred to the Don Mckenzie Hospital in Botha’s Hill. She was discharged on April 7, 2011.

Two days after undergoing the last lumbar puncture procedure, Nzimande developed urinary retention, constipation and lower limb weakness.

She was subsequently rendered a paraplegic.

Nzimande maintains that her condition was caused solely as a result of the negligence of medical staff at both hospitals.

She claims that medical staff performed the lumbar puncture when it was potentially dangerous to do so, and failed to investigate the cause of her neurological complications before performing the procedure.

Nzimande is suing for R10 million in damages which includes future medical treatments and therapies, as well as pain, suffering and psychological trauma.

The health department is opposing the application.

The case has been adjourned.

In a separate case, also against the MEC for Health in KZN, a Muden woman is suing for more than R700 000 in damages after her baby died 36 hours after being born.

Nokuthula Zondi, in an application to the Pietermaritzburg High Court, is suing the provincial Department of Health and the MEC for R700 200 as a result of her baby’s death and the subsequent trauma she suffered.

Zondi said medical staff at Greytown Hospital failed to identify her as a “high risk” patient and failed to monitor the progress of her labour adequately.

She also claims that staff failed to ensure her delivery was managed by an experienced doctor, caused unreasonable delay in the delivery of the baby, failed to recognise warning signs of foetal distress and failed to perform an emergency C-section which should have been done in the circumstances.

As a result of the negligence, Zondi’s baby died 36 hours after being born.

Zondi is suing for further medical treatment she will require, as well as pain and suffering and mental anguish.

The case has been adjourned for the Health Department to reply to Zondi’s application.

Daily News

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