Sun May 26 06:51:22 SAST 2013
Sun May 26 06:51:22 SAST 2013

Hawker wins lawsuit against hospital

Oct 26, 2012 | Sapa | 12 comments

An Eastern Cape woman has successfully sued the State after a surgeon left a swab the size of a hand towel to rot in her abdomen

 Doctors managed to save her life after a brutal knife attack. But a surgical swab, about the size of a hand towel, was left inside her 

The Weekend Post reports that after more than a year of litigation, the matter was settled on Thursday and made an order of the East London High Court.

Zoliswa Quvane, 28, a single mother and street vendor, had sued the Eastern Cape health department and Dr Sheridan Santhia, a former surgeon at East London’s Frere Hospital.

She nearly died in the process and the pain she suffered was so crippling she had to quit her job, losing the only source of income for her and her two young children.

She had asked for for R2.5 million. Due to a non-disclosure agreement, the Weekend Post could not reveal the amount she was paid out, but Quvane was thrilled with the settlement.

“I am very happy. I am relieved and excited to start my new life,” Quvane told the newspaper.

Judge Bonisile Sandi ruled that the money be paid into a trust account set up by Quvane’s legal team. He also made a costs order against the respondents.

Her woes began on April 1, 2010, when she was admitted to Frere Hospital following a knife attack in Dutywa, where she worked.

Her stomach was sliced open and she was stabbed in the head and back.

Doctors managed to save her life, but the surgical swab, about the size of a hand towel, used to soak up her blood remained inside her.

According to court papers, Santhia performed an exploratory laparotomy before suturing the wound with the swab still inside.

After several days in hospital, Quvane was discharged. However, she continued to suffer immense pain.

For almost a year, doctors were unable to locate its source.

Quvane approached numerous private doctors and specialists at Butterworth Hospital for help. After seeing her swollen belly, one doctor suggested she might be pregnant.

A doctor referred her back to Frere, where, on March 9, 2011, an X-ray revealed the object. The swab was removed two days later, but her condition continued to deteriorate and she was admitted to the hospital’s high care ward, where she remained for about a month.

She subsequently brought legal action against Frere, Santhia, and the provincial health department.

Head of surgery at Stellenbosch University Professor Brian Warren filed an affidavit in support of her claim, saying the swab could have killed her. He found the actions by Frere medical staff “unacceptable”.

Quvane claimed R2.5 million for general damages, pain and suffering, loss of amenities of life, past and future medical expenses, and past and future loss of income.

Health department spokesman Sizwe Kupelo told the Weekend Post the matter would be investigated internally.

Comments

Sun May 26 06:51:22 SAST 2013 ::
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Oct 26, 2012

silolo

We are very corrupt in my dear province the Eastern Cape. I dont know why we are so corrupt. Maybe someone can help me know why are we so corrupt and always want to be far from the truth.
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Oct 27, 2012

DEvandre

it goes wid culture..........generally xhosa people r too proud n dats wer corruption comes in....
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Oct 27, 2012

zuluchick

2.5 million is too little cc
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Oct 27, 2012

TjoVtjo

They've started with these silly trust accounts.. The lady will see very litttel money while trusties pay themselves the lions share. Why does she need a trust account when she is an adult? She can spend her own money in which ever way she needs to.
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Oct 29, 2012

Mellow

Trust fund set up by her legal team shem sista you think your pain is over and looking forward to starting a new life if only you knew that you'll never see a cent from that trust fund haai Mzansi somewhere somehow someone is being screwed goodluck and congratz on winning your case
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Oct 29, 2012

MommaC

They should change the name from Frere Hospital to Frere Mortuary. That place is just deadly.
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Oct 29, 2012

MsKinkyakaKamaSutra

Doctors managed to save her life, but the surgical swab, about the size of a hand towel, used to soak up her blood remained inside her.
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Incompetenc/negligence is an understatement. How can you not see that????????? Its either the surgeon and the team are blind or they were doing a "hands on training/practicals"

I wish in negligent/malpractice cases Drs can be sued in their personal capacity........... maybe all this gross conduct will stop.
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Oct 29, 2012

Papage

"Hawker wins lawsuit against hospital"

Why that headline? why not " A woman wins a claim from that hospital" ? Why expose her? what about the people who attacked her in the first place, were they arrested?
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Oct 29, 2012

jerico

i guess she is now officially South african self-made millionnairre.
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Oct 29, 2012

MommaC

Papage

How often do the people win court cases if they are not politically affiliated or have bucket loads of cash?

Good to see our justice system work for the 'little guy' for once
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