A former Chatsworth beauty queen claims her life has been ruined after a “standard” operation to correct a slipped disc in her neck resulted in her allegedly being burnt on her back, disfiguring her.
Nivera Maharaj, 45, an accounts administrator who was crowned Mrs Chatsworth in 2013, has instituted legal action in the Durban Regional Court against St Augustine’s Hospital and the neurologist who performed the operation in December 2014.
She is claiming just over R390 000 for past medical and hospital expenses, estimated future expenses, the cost of a caregiver and for general damages for past and future pain and suffering, temporary disability, disfigurement and loss of amenities of life.
Maharaj, a mother of three, is also claiming for alleged negligent and blameworthy conduct.
Speaking to POST last week, she said the burns required constant care and she remained in pain.
She said she struggled to bathe and dress herself and was unable to tend to the needs of one of her children, who suffered with various medical ailments, and as a result had to hire a caregiver.
“I wanted to pursue a career in pageants but now I can’t. I also cannot exercise, bend or sleep on my back. I’m in constant pain, even if I am not moving,” she said through tears.
This has resulted in her suffering bouts of depression and insomnia.
The scars, she added, required future plastic surgery.
In December 2014, after allegedly being diagnosed with a C4/C5 cervical spine prolapse and being admitted to St Augustine’s Hospital, Maharaj underwent a surgical cervical discectomy and fusion performed by a neurologist.
According to court papers, during the procedure she sustained severe burns to her upper back and shoulders as a result of the incorrect use of diathermy equipment in theatre and/or the incorrect use of heated surgical sand bags used during surgery.
Maharaj attributed the burns to the negligent conduct of the hospital employees and/or agents, or the neurologist and/or his theatre staff and physicians.
She said they failed to immediately advise her of the injuries sustained during surgery and treat her accordingly, despite her complaints after the operation.
She told POST: “I was told it would be a standard operation and it would take around 45 minutes, but after the op I began screaming in pain.
“I thought it was a result of the operation but I could not understand why my back was burning so badly.”
Maharaj told her family about the intensity of the pain and they too assumed it was a result of the operation. She said the neurologist examined her back the following morning and told her it was a blister.
“He then requested the nurses discharge me from ICU to the neuro ward.
“While moving, I could feel water dripping down my back because the blisters were bursting. I was screaming in pain.”
She claimed the nurses also told her she had blisters.
“I insisted I see a dermatologist. He arrived later and said I either had an allergy or a reaction to the medication. He asked the nurses to burst the blisters and dress them.”
During visiting hours, a distressed Maharaj asked her fiancé to examine her back. “He was horrified. He said it was not an allergy but a burn.”
Her family then showed her a photograph of her wounds.
“The dermatologist, who was still around, insisted nothing was wrong and I could go home and it would heal.”
Still puzzled at how this could have happened, she asked to speak with the hospital management.
“They told me I had been burnt with a medical sand bag. The next thing, they asked me what I wanted.”
Worried about her condition, she met with a plastic surgeon while in hospital. “He confirmed it was a burn and told me it would heal.”
She refused to be discharged as she said she could not take care of the wounds by herself.
Maharaj was discharged at the end of December 2014.
“I was treated as an outpatient and went for dressing two times a week at the hospital until March 2015. I then had to care for myself.”
At her own expense, she sought the advice of a second dermatologist and was told she sustained second and third degree burns.
In its affidavit, the hospital denied that it is liable for any alleged damages.
The general manager of Netcare St Augustine’s Hospital, Dr Augusta Dorning, told POST: “The case of Ms Nivera Maharaj is the subject of an action before the Regional Court (so) it would be inappropriate for Netcare to comment on the case.”
The neurologist’s attorneys, MacRobert Incorporated, have filed a notice to defend and added that the doctor was not liable.