A woman is suing the Gauteng Department of Health MEC for R2 million in damages, alleging negligence after a surgical swab was left in her abdomen during a myomectomy at Chris Hani Baragwanath Hospital. The oversight led to severe complications, including bowel obstruction, infection, and fistula formation.
Any-Mitonga Lukusa underwent the myomectomy on December 17, 2014, and was discharged three days later. However, in October 2015, she was admitted to South Rand Hospital with severe abdominal pain, nausea, vomiting, and constipation. She was later referred to Charlotte Maxeke Hospital, where an ultrasound revealed a surgical swab in her abdomen, causing a bowel obstruction.
On November 26, 2015, Lukusa underwent another surgery to remove the swab. Her lawyer, Tzvi Brivik of Malcolm Lyons and Brivik Inc., stated that the retained swab had eroded into her small bowel, leading to infection, intestinal obstruction, and fistula formation.
“Our client spent three weeks in a high-care ward due to these complications,” Brivik said. “It is the responsibility of the nursing staff and doctors to ensure a proper count of swabs before closing the incision. There is no room for such errors, and the consequences for our client have been dire.”
Brivik emphasized that the negligence severely affected Lukusa’s quality of life. “She was a self-employed shopkeeper who was unable to work for an extended period and has suffered tremendously as a result of this gross negligence,” he said.
Despite the state’s medical expert agreeing that the staff was negligent, the Gauteng Department of Health has refused to accept responsibility. “The state, at great expense to taxpayers, has engaged in prolonged and costly litigation without any defense,” Brivik added.
In its plea, the Gauteng Department of Health denied the allegations of negligence and argued that Lukusa’s claim for damages was excessive. The department suggested that public healthcare facilities could provide the necessary services at no cost to her and requested that the court order such services instead of monetary compensation.
Professor Brian Warren, a surgeon and expert witness for Lukusa, testified that medical records from 2014 and 2015 confirm the staff’s failure to provide the expected standard of care. He stated that Lukusa’s health issues were directly caused by the retained swab and the subsequent surgery required to remove it.
Another expert who reviewed the case also acknowledged that the complications, including sepsis and an incisional hernia, were a direct result of the surgical swab being left behind.
Lukusa’s case highlights the devastating consequences of medical negligence and the challenges of holding public healthcare institutions accountable. Her pursuit of R2 million in damages underscores the physical, emotional, and financial toll of the incident.
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