Summary

The Plaintiff, a 65 year old women sued MEC for Health in the Eastern Cape for medical negligence due to the conduct of the medical staff at  Stutterheim Provincial Hospital and Frere Hospital in East London following the substandard treatment she received while being admitted for a knee injury she had sustained in 2015 from a fall. The court had previously found that the Defendant was liable to the plaintiff for all her proven or agreed damages. Settlement was reached between the parties for special damages leaving the court to only determine the issue of general damages. 

Due to the negligent treatment, the Plaintiff developed swelling on several parts of both her legs and  was hospitalized for approximately two months. During this period she was referred to theatre on numerous occasions for various surgical procedures. She developed chronic osteitis of her lower leg & ankle and had to undergo a skin graft operation due to a wound that had developed on her right foot and ankle.

The court held, she had suffered and would continue to experience severe pain and discomfort for an indefinite period due to the incident.  She was further rendered wheel chair bound and mostly bedridden.  Her life has dramatically changed, rendering her to a state of dependency, depression and severe incapacity. The court held further that having considered all the circumstances of the matter, an appropriate, fair and reasonable amount for general damages is R950 000.00

Case citation: Fekensi v Member of the Executive Council for the Department of Health, Eastern Cape Province (439/16) [2020] ZAECBHC 16 (11 August 2020)

Read full case on:            http://www.saflii.org/za/cases/ZAECBHC/2020/16.html