The family of a woman who underwent a leg amputation due to a misdiagnosis and later passed away while seeking damages is requesting R950,000 from the Western Cape Health Department. They have escalated their case to the Supreme Court of Appeal.
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While the patient’s identity remains confidential, Tzvi Brivik, director of Malcolm Lyons and Brivik Inc. stated that the misdiagnosis led to the loss of the woman’s leg and ultimately her life, as reported by IOL.
The matter is now in the hands of the Supreme Court of Appeal after the woman’s unsuccessful attempt to seek justice in the Western Cape High Court.
Brivik said they are awaiting a hearing date from the Supreme Court of Appeal after receiving the respondent’s arguments. He anticipates that the hearing may occur in the third or fourth term.
The woman initially sought treatment at a local clinic in Tafelsig, where she was diagnosed with gout. However, it was later determined, upon referral to Groote Schuur Hospital, that her leg needed to be amputated above the knee.
Brivik stated that the woman, a Type 2 diabetic, was wrongly diagnosed despite multiple consultations at various hospitals – ‘This is a terrible story in which our client, a Type 2 diabetic, was misdiagnosed after repeated consultations at the various hospitals administered by the Minister of Health, initially including Groote Schuur and Mitchells Plain Day Hospitals.
‘Our client had pain in her left leg, which was misdiagnosed as gout and cellulitis. The result of the misdiagnosis, over an extensive period, was an above-knee amputation of her leg. The amputation precipitated a deterioration of her health, said Brivik.
‘We instituted an action on her behalf against the MEC for Health.
‘Pursuant to an agreement with the representatives of the MEC that payment would be made of her proven damages, she was assessed by various medical experts. Once future medical expenses were ascertained from these assessments an amendment was proposed to the documents before court.’
Brivik noted that the firm was seeking compensation to cover the woman’s future healthcare needs, but she passed away before the case concluded. Subsequently, the family took over the legal proceedings to pursue damages for financial and emotional suffering.
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