The Supreme Court of Appeal (SCA) has found a doctor responsible for a patient’s brain damage – a man who overdosed on pills and alcohol eight years ago.
The central issue in the case was determining who was liable for the brain injury sustained by the patient, who was admitted to the emergency unit of Life Westville Hospital on December 27, 2014.
The 43-year-old man was brought to the hospital by his wife, after he reportedly consumed an unknown but large quantity of pills and alcohol.
Dr Mohun himself agreed with certain statements and events of the evening.He conceded that had the hypoxia been dealt with timeously, the patient would probably not have reached the point of cardiac arrest and brain damage.
The SCA, discovering that the patient has history of overdose of alcohol and drugs, concluded that a medical practioner such as Dr Mohun should have expected a gradual change in the patient’s breathing.
On this basis, the SCA found Dr Mohun negligent for leaving the patient in the care of the nursing staff without properly instructing them on what exactly to monitor him for.
For example, it should have been disclosed that the drugs and alcohol in his system could affect his breathing rate and possibly lead to airway obstruction.
The SCA found overwhelming evidence of negligence and causation against the doctor.
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Picture: South Africa Gateway