the monitor

Woman sues MoH for P2m after botched surgery

Ministry of health. PIC PHATSIMO KAPENG
Ministry of health. PIC PHATSIMO KAPENG

A woman, who can't be named for legal reasons, is suing the Ministry of Health (MoH) for P2 million as payment for damages as a result of a botched tear repair after giving birth.

The plaintiff, who gave birth in May 2023 in Kgatleng District, has accused attending medical staff at one government health facility of negligence that resulted in her suffering. In the court documents reviewed by The Monitor, the woman's legal representatives from Kagisano Attorneys describe a distressing ordeal resembling torture, inflicted by the medical staff of the ministry after an incorrect suture was used to repair tears from her delivery. The lawyers state that what was supposed to be a day of joy for the woman and her husband as they received their son turned out to be the beginning of torture as the "delivery was negligently conducted and as a result, the patient suffered second-degree tears". It is said that the midwife at Deborah Retief Memorial Hospital (DRM) wrongly used a Non-Absorbale Suture to repair the tear instead of the absorbable sutures in line with the ministry’s safe motherhood initiative guidelines. They allege that the medical staff didn't remove them on time even after noticing the mistake.

The lawyers claim that the Non-Absorbable Sutures have since caused her unimaginable pain to date. "Plaintiff has been advised that because of the sensitivity of the perineum and the vaginal area, Non-Absorbable Sutures weren't supposed to have been used, especially for a second tear repair. Plaintiff’s wound had to be reopened to remove the non-absorbable sutures and then reclosed," read the papers. "This procedure wasn't only negligently done, it later turned out plaintiff was closed too tight so that it could only accommodate two fingers. This, she was advised by doctors that for a mother of two, shouldn't be the case." Further, the lawyers state that the Non-Absorbable Sutures have caused scarring; as a result, she experiences pain during and after sexual intercourse, which has affected her marriage. Additionally, it is alleged that the woman can't sit for a long time and this has affected her work.

She is also said to be experiencing occasional PV discharge and offensive discharge due to infections. “Despite clear advice from the private specialists, and the defendant’s specialists of the need to do secondary repair to address the source of the pain, government doctors ignored the said advice and managed the plaintiff with painkillers, which can only be prescribed for short periods, once the medication is finished, the plaintiff has to fight the pain with sheer will power and try to put up a straight face before her students as she is a teacher. “After work, the plaintiff reports to be so exhausted and just wants to retire to her room in isolation not giving her children the motherly attention they need. The pain has turned her into a very angry person to everyone around her including her children,” the court papers further read.

It is said that doctors have advised her to always bathe after visiting the toilet to minimise the risk of infection. As would be expected, this has taken a toll on the plaintiff’s mental health, to the point of experiencing a deep sense of hopelessness and wanting to give up on life. The lawyers also claim that since delivery in May last year, the plaintiff frequents hospitals and has been scheduled for more operations.

Editor's Comment
A step in the right direction

It has only been a month since the newly elected government, the Umbrella for Democratic Change (UDC), took power, and there are already a lot of changes. Across different ministries, ministers are hard at work. Following heavy rainfall and storms that hit Francistown recently, the Minister of State Presidency, Moeti Mohwasa, made a commitment that government will assist those affected by the heavy rains. Mohwasa, when addressing the media in...

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