Western Cape man wins medical negligence case after losing kidney! A 55-year-old man has successfully won his medical negligence case in the Western Cape High Court after his left kidney was removed following an alleged failure by hospital staff to provide appropriate treatment.
The Incident: A Gunshot Wound Turns into a Medical Nightmare
The ordeal began on New Year’s Eve in 2019, when the man was shot in the back while leaving a celebration. The bullet entered his lower left back and exited through his upper abdomen, causing severe internal injuries.
He was rushed to Mitchells Plain District Hospital (MPH) for emergency surgery. During the procedure, the attending doctor could not immediately determine the extent of kidney damage, describing the injury to the renal pelvis as “a complex injury.”
The Initial Surgery and Hospital Stay
The court heard that imaging scans were necessary to assess the full extent of the kidney injury. However, no scans were performed during the crucial first days of treatment.
The surgeon noted an expanding haematoma but was unable to determine whether the kidney was leaking urine. Despite this uncertainty, no further diagnostic tests were ordered.
Feeling dissatisfied with his treatment, the man discharged himself from MPH on January 3 and sought private medical care. However, due to financial constraints, he was forced to return to MPH the following day.
By January 7, he was discharged despite still experiencing fluid drainage from his gunshot wound.
A Worsening Condition and Kidney Removal
The plaintiff continued to experience severe abdominal tightness and an increased heart rate, which led to another hospital visit. Initially treated with antibiotics, his condition worsened, and by January 21, 2020, doctors decided to surgically remove his left kidney.
Court Proceedings: Experts Weigh In
During the trial, expert witnesses from both sides provided critical insights.
The court acknowledged that the initial emergency surgery was life-saving, particularly as it stopped severe internal bleeding and contamination from a perforated bowel. However, the plaintiff’s expert argued that the failure to conduct timely imaging scans between January 2 and 6 was a clear case of negligence.
Judge Johan van der Berg ruled that the removal of the kidney was directly caused by the infection and inflammation that resulted from the delay in diagnosing and treating the renal injury.
“I conclude, therefore, that the defendant was negligent in not offering the appropriate or timeous treatment reasonably required to diagnose and treat the pelvic renal injury.”
The trauma specialist who testified for the plaintiff emphasized that correct medical procedures were not followed.
“If you do the right things and things don’t go right, you’re still justified in what you’ve done. But you must do all the right things first. In this case, that did not happen.”
Defense Argument Falls Short
The defendant’s expert witness, a seasoned general surgeon specializing in trauma, stated that he had never encountered a case like this in his 50-year career.
“In the first seven days the plaintiff was at MPH, there was hardly anything in the clinical picture to indicate that something was wrong.”
However, the court ultimately found that the hospital had failed to take necessary steps to diagnose the injury, leading to the unnecessary loss of the man’s kidney.
A Victory for the Plaintiff
The plaintiff’s legal victory sets an important precedent for medical negligence cases in South Africa.
This ruling highlights the critical role of timely diagnostic procedures in emergency care and reinforces the responsibility of healthcare providers to take appropriate action when dealing with complex injuries.
In other news – Oscar Mbo treats himself to a luxury BMW X5M – WATCH
South African influencer and DJ Oscar Mbo has once again made headlines—this time for spoiling himself with a high-end BMW SUV. The popular DJ, whose real name is Mbongeni Ndlovu, is widely recognized for his exceptional DJing skills, stylish fashion choices, and vibrant online presence.
This week, he took to social media to showcase his latest purchase: a BMW X5M, an elite vehicle known for its luxury, power, and speed. The flamboyant DJ shared a video clip on his social media platforms, capturing the moment he collected the BMW X5M. The post quickly gained traction, with thousands of fans congratulating him on his new ride. Read More
