- The woman claims negligent treatment during a pregnancy termination caused her fallopian tube to rupture.
- She is suing two doctors for more than R2 million in damages.
- The High Court dismissed the doctor's preliminary challenge, allowing the case to proceed to trial.
A woman's R2 million medical negligence lawsuit over an alleged botched pregnancy termination will go to trial after the High Court in Mahikeng dismissed an attempt by one of the doctors to have the case thrown out before any evidence could be heard.
The woman says she sought treatment from an obstetrician and gynaecologist in May 2023 after finding out she was pregnant. During consultations on 24 May and 8 June, the doctor examined her, performed ultrasound scans and later referred her to a second medical practitioner for the termination.
According to her claim, the procedure was handled negligently. She alleges the doctors failed to provide proper medical care and treatment, causing serious complications that led to her fallopian tube rupturing. The damaged tube was later surgically removed, and she says the injury has left her with ongoing pain, discomfort and permanent physical consequences.
She is claiming R1.924 million in general damages and R77,329.33 in special damages.
Doctor sought to end the case before trial
Instead of filing a plea to the negligence allegations, the first doctor lodged a legal exception, arguing that the woman's amended particulars of claim were vague, embarrassing and did not disclose a valid cause of action.
He said the pleadings did not properly set out the doctor-patient relationship, the legal duties owed to the woman or the factual basis for holding him liable. On that basis, he asked the court to dismiss the lawsuit before it reached trial.
Court says the claim is properly pleaded
Acting Judge B.F. Mnyovu rejected every ground of exception, finding that the woman's pleadings include the facts needed to support a medical negligence claim.
The judge held that the consultations, examinations and referral were enough to establish a doctor-patient relationship, and that the allegations of negligent treatment should be tested through evidence at trial rather than struck out on technical grounds.
The court also ruled that the woman's claims for pain, suffering, future discomfort and damages are matters for medical experts and actuaries to address at trial, not reasons to dismiss the pleadings.
The application was dismissed with costs on Scale B, clearing the way for the lawsuit against both doctors to proceed.
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