Surgeon ordered to compensate patient close to P1million
High Court Judge Michael Leburu has ordered a medical doctor to pay a patient for general damages, disfigurement and disability.
He said considering the nature and extent of the harm suffered by the plaintiff and the sequelae thereof, a reasonable award of compensation has to be P400, 000 as general damages, pain and suffering and loss of amenities of life, another P400, 000 for disfigurement and disability; Special damages in the sum of P15, 615.97 and R13, 591.45 or Pula equivalent (medical expenses); and interest thereon at the rate of 10 percent per annum from the date of judgment.
“General damages fall within the judicious discretion of the court. What amounts to adequate compensation will vary from one case to another. A broad spectrum of facts ought to be considered, such as the nature and seriousness of the injuries, their permanence, severity, impact on claimant's lifestyle and other considerations, hence it will be inappropriate to hermetically seal such criteria from further amplification,” Justice Leburu said in his ruling.
The judge stated that the plaintiff was admitted at Life Gaborone Private Hospital (the LGPH) on the 13th June 2018, for purposes of undergoing a surgical operation named and styled stapled haemorrhoidopexy. He said, the plaintiff's names are recorded as Mr AGM for purposes of privacy and confidentiality. The operation was performed by the defendant, Dr Anthony Sibiya.
The judge stated that after the surgical operation, the plaintiff was discharged from hospital on the 15th June 2018 at around 11.30 am. Later that same day, around 9pm, the plaintiff returned to LGPH as he was unwell. He was ultimately attended to by Dr. Keineetse, in the absence of Dr. Sibiya.
“Dr. Keineetse diagnosed the plaintiff with Fournier's gangrene, which is a type of necrotising fasciitis, Fournier's gangrene is a severe, rare and lethal bacterial infection that spreads quickly within the human body.
“The said bacteria generally enter the body through a break, or cut in the skin. It's a soft tissue infection that develops in the scrotum and perineum. If untreated, this horrific infection can destroy a person's body within a matter of days, ultimately causing death,” Justice Leburu said. “According to the plaintiff, the defendant was negligent in the performance of the said operation and that as a result of the said negligence, he suffered damages. The defendant admitted that he performed the surgical operation. However, he denies that he was negligent. The topical question therefore is whether the defendant was negligent in the performance of the said surgical operation and if so whether the plaintiff is entitled to damages, as claimed.”
He indicated that the plaintiff is suing for damages in the sum of approximately P6 million. He stated that sometime in May 2018, the plaintiff consulted his surgeon, the defendant, complaining of piles. He was 42 years at that time. The consultation with the surgeon was done at the defendant's private clinic, housed at LGPH, he said.
He added “The plaintiff agreed to undergo haemorrhoidopexy. The 13th June 2018 was set as the date for the operation. On the 4th June 2018, the plaintiff visited the defendant's clinic for purposes of signing the consent form to undergo the surgical operation/procedure. At that time, the defendant was absent.
“The plaintiff was assisted by the defendant's administration officer to sign the said consent form. On the consent form, the procedure recorded thereon was haemorrhoidopexy. The plaintiff duly signed the form.”
He said on the morning of the 13th June 2018, the Plaintiff proceeded to the LGPH to undergo the said procedure. The plaintiff was admitted at the hospital. He testified that Dr A. Sibiya informed him about the procedure to be done. The defendant attended to the plaintiff, after the operation, on the morning of the 14th June 2018.
The judge revealed that the plaintiff reported to the defendant that he was in pain, whereupon the defendant assured him that it was normal to experience pain after the said procedure. The plaintiff was given painkillers to assuage and pacify the pain.
The judge pointed out that on the 15th June 2018, the defendant attended to the plaintiff at the ward. The plaintiff informed Dr A. Sibiya that he had managed to pass urine but that there was no stool or stool movement, adding that the plaintiff further complained of pain. He also informed Dr. Sibiya that he had swelling on his buttocks.
Justice Leburu stated that in response to the said complaints, the plaintiff testified that the doctor informed him that the pain was due to the procedure.
“At around 9am on the 15th June 2018, the plaintiff was discharged from hospital. He left the hospital at around 11am, in the company of his wife. According to the plaintiff, before he was discharged, Dr A. Sibiya failed and neglected to do any examination on him, despite his request to be examined, as he was in pain and had a swelling around the buttocks.
After his discharge, the plaintiff went home in Ramotswa. At home, at around 2pm, he fell asleep. He woke up at around 6pm, with a strong urge to pass stools. An attempt was made to pass stool but he failed in that regard. He was experiencing strong pain. He was feverish and was sweating. His scrotum and buttocks were swollen,” the Judge said.