Woman sues GPH for negligence

Oarabile Mosikare | Thursday March 12, 2015 17:14

 

Mathe Mosielele was on May 23, 2011 admitted at GPH for the total hip replacement procedure arising from the plaintiff having been diagnosed with arthritis.  The defendants allegedly advised her that the operation is the only one available for someone in her condition.  The GPH and Dr Probir Kumar Basu are the respondents.  On May 24, 2011, the operation was performed as per the parties’ agreement. 

The plaintiff was thereafter hospitalised for a further two months, as she still had not healed, that is in June and July having been admitted in May 2011.

“Sometime in September 2011 after being discharged, the plaintiff began experiencing more complications, including amongst others, severe and excruciating pain on the operated hip, it was so severe that she was not able to eat,” stated Mosielele’s declaration. She went back to GPH and informed Basu of the same, who was very hostile towards her.  She was given some medication and was discharged. However, the complications persisted for over two years.

Stated the declaration: “The second defendant (Basu) under the employ of the first defendant (GPH) failed to exercise due care and skill ordinarily expected of competent medical practitioners, exercising ordinary degree of professional skill to ensure a safe performance of total replacement operation, as a result of which now the plaintiff’s left leg is 3cm longer than the right one. Furthermore, she has suffered and continues to suffer severe pains on her back and hip”.

Mosielele said Basu was negligent in failing to perform a proper total hip replacement operation in such a manner that would allow the plaintiff to have less pain than before the surgery, enabling the plaintiff to perform usual daily activities. “In addition to the above, second defendant was negligent in failing to perform a proper total hip replacement operation in such a manner that would allow the plaintiff to have less pain on her hip and lower back and stop taking pain medication,” she said.

She said she has exhausted her medical aid due to pain medication and other medications she has had after the operation. She further stated that Basu was negligent in failing to perform the operation in such a manner that would allow the plaintiff to be able to walk without the use of crutches. However, the plaintiff has permanent disability and has to use crutches every time, completely transforming her life.

Mosielele bought the crutches at her own cost. Moreover, Mosielele has a severe painful left hip, limps while walking, has reduced muscle strength in the left lower limb, has a painful back, disturbed sleep due to excruciating pain, night seats and cannot walk for more than a kilometre.

She is also unable to drive and has had to secure the services of a driver whom she pays monthly. The plaintiff is also unable to work and sustain herself, as prior to the operation she was able to personally run her jewellery shop, which has lost business and income.

She is also unable to use a normal toilet and has to move around with a toilet seat and this has impaired her dignity and caused her much embarrassment. She cannot participate in sporting activities due to her inability to walk on her own without the support of crutches.

There has been loss of intimacy as her boyfriend has left her because she could not perform sexual activities as before.  “Furthermore, the departure of her boyfriend has left her with no chance to have a child with him as she had wished.  Due to the plaintiff’s post operation condition, the plaintiff is unable to have intimate relationships that is, no man is interested in her, and this has left her lonely,” the declaration stated.

Following the operation at GPH, a doctor at Princess Marina Hospital has examined Mosielele.  The doctor reported that there was a discrepancy of about 3cm in the left lower limb.

The Princess Marina doctor also said that the left knee passive flexion to 90 percent degree only. She resisted further flexion and experienced excruciating pain on force application.  Based on the damages and pain, Mosielele wants P200,000 for past medical expenses, P1 million for damages, P200,000 for special examinations, P500,000 for pain and suffering, P100,000 for surgical treatments and another P1 million for future loss of income.

Attorneys Kabo Motswagole and Friday Leburu represent Mosielele.  Meanwhile, the defendants’ lawyers have entered an appearance to defend GPH and Basu. The case is before Justice Modiri Letsididi.