A North West woman is one step closer to pursuing a R2 million medical negligence claim against two doctors after the High Court in Mahikeng dismissed an application by one of the doctors to have her lawsuit thrown out.
The woman alleges she suffered severe complications following the termination of her pregnancy, resulting in the removal of one of her fallopian tubes, and is claiming more than R2 million in damages.
Acting Judge B.F. Mnyovu ruled that her case contains sufficient facts to proceed to trial, dismissing the doctor’s exception with costs.
Woman claims abortion led to severe complications
According to the judgment, the woman consulted the first defendant, Dr Lofembe Ekofo, an obstetrician and gynaecologist, in May and June 2023 after falling pregnant. Following consultations and ultrasound examinations, he referred her to the second defendant, Dr Lesego Ismael Mokaed, a general practitioner, to perform the termination of her pregnancy.
She alleges that the procedure resulted in severe complications, including a burst fallopian tube that had to be surgically removed. The woman claims the complications were caused by the medical negligence of both doctors.
She is seeking R1,924,000 in general damages and a further R77,329.33 in special damages, bringing her total claim to just over R2 million.
Doctor sought to stop the lawsuit
Instead of filing a plea to the allegations, the first defendant, Dr Ekofo, launched an exception, arguing that the woman’s amended particulars of claim were vague, embarrassing and failed to disclose a valid cause of action.
He argued that she had not properly pleaded the nature of the alleged relationship between them, the legal duty owed to her or the basis for her damages, and that the pleadings did not comply with the Uniform Rules of Court.
Judge Mnyovu rejected all of Ekofo’s arguments, finding that the woman’s pleadings clearly established a professional doctor-patient relationship arising from the consultations.
The court held that the allegations set out the material facts required for the claim and that the doctor could either admit or deny them in his defence.
The judge further found that the woman’s allegations regarding her injuries and damages were matters to be proved through medical experts and other evidence during the trial.
Medical negligence claim to continue
The court found it was common cause that Dr Ekofo had consulted the woman and referred her to the second doctor, creating a legal duty of care.
Judge Mnyovu said Ekofo’s attempt to dispose of the matter on technical grounds amounted to an “over-technical approach” and found there was no merit in the argument that the pleadings were vague or embarrassing.
The judge concluded that the amended particulars of claim contained sufficient material facts for the case to proceed.
The High Court ultimately dismissed the exception with costs, allowing the medical negligence action against both doctors to continue, where the woman will have the opportunity to present evidence in support of her claim.
sinenhlanhla.masilela@iol.co.za
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