Game farmer sues anaesthetist

Published Aug 27, 2008

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A Mokopane game farmer and businessman is claiming about R3-million from a Pretoria anaesthetist.

Koos Nel, 52, told the Pretoria high court that Dr Russell Raath's alleged negligence when he went into theatre for a back operation left him with severe health problems.

Nel was in a coma in the intensive care unit of the Pretoria East Hospital for about five weeks.

He said when he was pushed into the operation theatre in May 2000, he was a fairly healthy man.

Nel said he emerged from theatre comatose and when he eventually regained consciousness, he could hardly walk, was depressed and had to be off work for a year.

Ever since then, he said, he has not been able to perform his duties on the farm and at the garages which he owned in town.

To make matters worse, the court heard, Nel never had his back operation, nor is he likely to ever have it.

"I am now too damn scared of doctors," Nel told the Pretoria News.

He underwent a back operation a few years prior to his " botched" anaesthetic attempt, and in May 2000, he had to have another operation to insert pins.

Two specialists - an orthopaedic surgeon and a neurosurgeon - were going to perform the operation.

Raath, however, from the start of the procedure experienced problems in intubation (pushing the pipes down his throat to help him breathe).

He attempted to carry out the procedure several times until Nel started to bleed. Blood eventually collected on his lungs and he fell into a coma.

Nel had to be rushed from the operating theatre to the intensive care unit of the hospital. He suffered complications and it is claimed that he nearly died.

He had to remain in the intensive care unit for 32 days.

When Nel was eventually discharged, he had a "drop foot" and he battled to walk. He was severely depressed and had to receive professional help.

The Pretoria high court was on Tuesday asked to determine the amount of damages due to Nel.

An array of experts, including specialists and psychologists will take the stand over the next few weeks to testify about Nel's damages.

This was after Raath admitted liability for the damages - but not negligence.

Judge Pierre Rabie questioned counsel about this and he was told that it was "an oddity in these type of cases". Doctors often agreed to pay the damages but did not relent in admitting that they were wrong.

Rabie was also told that Raath amended his plea, shortly before this trial was due to start.

While he still agreed to pay the damages Nel had suffered, he no longer accepted liability for all the damages.

Raath is now holding the four specialists and the nursing staff who treated Nel in ICU responsible for some of the damages.

Counsel for Nel said they are placing all the blame on Raath, as he was the one who initially caused the problems.

The other specialists had to jump in and treat Nel after Raath apparently refused to be involved any longer.

The judge was told that the other specialists and the hospital staff who are now being blamed are not even before the court to defend themselves.

Nel on Tuesday said Raath was the only one responsible for his misfortune.

"Too many doctors get away with things they have done wrong, but only a few people have the guts and the money to take them to court."

The case continues in the Pretoria high court.

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