- The family of a woman who died after complications from a caesarean section is suing a private hospital and three doctors
- The claim against the ICU doctor centres on negligent care after surgery while the patient was critically ill.
- The High Court has ruled that the medical negligence case can go to trial
Kereng Andrew Morakile and Katlego MacDonald Chowe have managed to keep their medical negligence claim alive against Life Peglerae Hospital and three doctors after the death of their daughter and relative, who died from complications following a caesarean section.
Acting Judge T Tsautse dismissed an exception application brought by Dr Shuping Mokgosi, the ICU doctor who cared for the woman in the Intensive Care Unit. The family has sued the hospital, obstetrician Dr Sam Amoakwa Adu, surgeon Dr Ikenna Cletus Okeke, and ICU doctor Dr Mokgosi after the woman’s death in April 2021.
According to court documents, the woman underwent a caesarean section performed by Dr Amoakwa Adu at the hospital. She later developed complications caused by a bowel injury and needed further surgery performed by Dr Okeke. She was then admitted to the ICU under Mokgosi’s care.
The family claims that while the patient was critically ill in the ICU, Dr Mokgosi did not attend to her in person during periods when her condition worsened, did not respond quickly when contacted by nursing staff, and continued to manage her treatment remotely without proper bedside assessment.
Court finds family pleaded enough facts
Mokgosi argued that the family’s claim did not set out how his actions caused the patient’s death. Judge Tsautse disagreed, finding that the pleadings contained enough facts for the matter to go to trial. The judge noted, “The plaintiffs do not claim that the fourth defendant directly caused injury to the bowel.”
Judge Tsautse explained that the family’s case was based on allegations that negligent ICU management contributed to the worsening of the woman’s septic condition and ultimately to her death.
The court found that the family had given enough detail about the doctor-patient relationship, the ICU doctor’s duty of care, and the alleged failures during treatment.
Trial to decide on negligence and causation
The court said the real issue is whether the doctor’s alleged failures contributed to the patient’s death. This will only be decided with medical and expert evidence at trial.
Judge Tsautse wrote, “Whether his presence, timely review and appropriate intervention would have altered the course of the septic shock is a matter that can only be resolved at trial based on medical and expert evidence.”
The judge added that at this stage, the question is not whether causation will be proved, but whether the facts pleaded are enough to allow that possibility.
The exception was dismissed with costs in the cause. Mokgosi was ordered to file his plea within 15 days.
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