POLOKO TAU
A LAWYER is preparing to sue Chris Hani-Baragwanath for R10 million after surgery at the hospital led to hearing loss in one ear.
The Star reported in June this year that the highest claim against the hospital was for R5m, following the death of a patient allegedly treated for toothache.
The R10m suit is one of those contained in a Gauteng Health Department report to the public accounts committee of the provincial legislature earlier this year.
The report indicated at the time that the department was faced with 101 medico-legal claims amounting to R235m for alleged negligence at various hospitals in Gauteng.
Muzi Mnguni, 41 – an attorney and a father-of-five – said he had been forced to close shop and was on the brink of losing his house because he was unable to practise his profession.
“I last represented a client in court early in 2008, but it was not working. I was struggling to hear magistrates and other people during proceedings and they became impatient as proceedings took more time than they normally would,” he said.
“I lost clients as a result, and being in court was not an easy task anymore and this badly affected my business. I have suffered emotionally and will also sue for loss of income as well as costs for medical bills I incurred while trying to regain my hearing.”
Mnguni said his woes started after his transfer to Bara for “urgent surgery” in January 2007.
“I had an ear infection, but I had not lost my hearing in the affected ear then. I thought after the surgery that my hearing loss was temporary… but now, four years later, I can only hear with my right ear,” Mnguni said.
“I think one of the sensitive nerves was touched during the surgery because now my vision has also been affected and, at times, I feel numbness on my lips and left part of the face. I also feel dizzy most of the time and struggle to stand steadily on my feet.”
Mnguni said he had undergone scans at Bara, and independent doctors had confirmed to him that he’d lost his hearing permanently.
“All these years I thought it would heal and that I would be able to get back to work and be able to support my children. The worst is that my insurance won’t pay out in my case of permanent disability, and to add salt to my wound, I could lose my house because I can’t keep up with payments,” he said.
“My attorneys are drafting papers and will soon file a legal suit on my behalf for around R10 million in claims against the health department. I have lodged a complaint at Bara and they promised to investigate my case, but this is not going to stop me from proceeding with bringing a claim against them.”
The provincial health department report indicated that Bara was faced with 26 claims amounting to R22.8m, 17 of which are about alleged negligence, leading to brain damage and cerebral palsy in newborn babies. It cited other claims lodged against Charlotte Maxeke Johannesburg Academic, Tembisa, Steve Biko Academic and Natalspruit hospitals.
DA Gauteng caucus leader Jack Bloom said yesterday these claims reflected “a horrific decline in treatment standards at our hospitals”.
But the department said recently the cases were legal complaints that had not been finalised. No findings of negligence had been made.
“Some of these cases generally do not proceed to court,” said department spokesman Simon Zwane.