Blind woman sues hospital for R10m

File picture: Zanele Zulu

File picture: Zanele Zulu

Published Aug 28, 2015

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Durban - A former Durban teacher is suing the KwaZulu-Natal Health department for almost R10 million for the negligence of RK Khan Hospital staff who failed to diagnose and treat a brain tumour which has led to her becoming blind.

Andreana van Schalkwyk is suing the department and the MEC for R9.89 million in past loss of income, future loss of earnings, future medical expenses and general damages for pain and suffering and permanent disability.

The health department has conceded liability but the quantum of damages is yet to be settled.

The matter was in the Durban High Court this week but was adjourned to September.

Van Schalkwyk’s attorney Barry McCulloch said that on Tuesday the high court had ordered the department to pay R4 million in an interim payment to his client.

He said his client had also received an interim payment of R800 000 last year as ordered by the court.

The case is one of many being brought against the provincial Health MEC due to the alleged negligent conduct of staff at state hospitals and clinics.

Last year MEC Sibongiseni Dhlomo said there were some legitimate claims being lodged but that the high volume and cost of these claims were affecting doctors’ ability to do their jobs.

He also lashed out at lawyers who he claimed sometimes went looking for aggrieved patients.

According to court papers, Van Schalkwyk first went to the hospital on September 26, 2010 for assessment and treatment for headaches, blackouts and vomiting.

She had been referred to the hospital by a general practitioner who had written on his referral note that the hospital should investigate whether Van Scalkwyk had meningitis.

She was admitted as an outpatient but the hospital failed to diagnose the cause of her persistent headaches and discharged her.

She was admitted to hospital later that month with the same symptoms but was not given a proper diagnosis.

For several months from January 2011, Van Schalkwyk went back to the hospital with symptoms including persistent headaches, blackouts, vomiting and disturbances to her vision for follow-up investigations. Doctors only prescribed her antihistamines and nasal sprays for sinus problems.

In September that year, an optometrist referred Van Schalkwyk to St Aidan’s hospital because of her deteriorating vision and she was then transferred to Inkosi Albert Luthuli Central hospital.

It was then that it was discovered that she had a tumour in her brain, which was removed in October 2011.

Neurosurgeon EM Kiratu, in a report submitted to the court on behalf of the department, said RK Khan hospital staff should have suspected that there was intercranial pressure in her brain due to her symptoms and ordered a CT scan of her brain.

“The patient has suffered permanent vision loss because of the delay in investigating her condition which resulted in a very late referral once irreversible damage had been caused to her eyes.”

The report also said an opthalmologist assessment revealed that she has only light perception in the left eye and hand movements in the right eye and for practical purposes was “blind”.

The court papers state that due to the growth of the tumour from 2010 until it was removed, Van Schalkwyk not only suffered permanent loss of vision but also developed epilepsy, clinical depression, and chronic pain to her face, head, shoulders and back.

Due to her injuries, Van Scalkwyk was unable to return to work and required counselling and assistive care. The papers said the harm she had suffered was caused by the negligent conduct of doctors at RK Khan Hospital.

“They ought to have given (thought to) the serious possible consequences of a lesion or tumour, (and) have performed adequate investigations and tests in order to exclude such a possibility with due and proper diligence.”

Last month, the newly-appointed provincial health head, Dr Sifiso Mtshali, told The Mercury that some of the litigation faced by the department was based on what doctors said to patients and the attitude of the doctors.

He said he wanted the department to have doctors who had the proper attitude to deal with patients and good interpersonal skills.

The Mercury

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