A COURT has ruled that a medical negligence lawsuit against a doctor can proceed after a woman tragically died following complications from a caesarean section
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A COURT has ruled that a medical negligence lawsuit against a doctor can proceed after a woman tragically died following complications from a caesarean section
The North West High Court in Mahikeng has dismissed an attempt by an intensive care specialist to have a medical negligence claim against him thrown out, allowing the family of a young woman who died after complications following a caesarean section to continue with their lawsuit against Life Peglerae Hospital and several doctors.
Acting Judge Thato Tsautse ruled that the plaintiffs had adequately set out a legally valid case against the fourth defendant, Dr Shuping Mokgosi, who was responsible for the deceased’s care in the intensive care unit (ICU).
The court found that the allegations, if later proven at trial, could establish that the doctor’s failure to respond promptly and properly to the patient’s deteriorating condition may have contributed to her death.
The case was brought by Kereng Andrew Morakile, the father of the deceased and a relative, Katlego MacDonald Chowe, who are suing the hospital and three doctors following the death of their daughter after she underwent a caesarean section in April 2021.
According to court papers, the woman was admitted to Life Peglerae Hospital in April 2021, where a caesarean section was performed by obstetrician Dr Sam Amoakwa-Adu. During the operation, she allegedly sustained a small bowel injury, which led to serious complications and required emergency corrective surgery by surgeon Dr Kenneth Cletus Okeke.
After the second operation, the patient was transferred to the ICU, where Dr Mokgosi assumed responsibility for her treatment.
The family alleges that by the time she was admitted to intensive care, she was already suffering from septic shock, a life-threatening condition caused by infection. They claim her condition worsened while under Dr Mokgosi’s care and that urgent attempts by nursing staff to contact him went unanswered.
The plaintiffs further contend that the doctor continued to manage the patient remotely, issuing instructions without personally attending to her bedside or conducting a physical examination. They argue that he also failed to arrange for a properly briefed substitute doctor when he was unavailable.
According to the family, these failures amounted to negligent post-operative care and significantly reduced the patient’s chances of survival.
Dr Mokgosi challenged the claim by filing an exception, a legal procedure used to argue that a lawsuit is defective because it does not disclose a valid cause of action.
His legal team argued that the autopsy attributed the woman’s death to septic complications caused by the bowel injury sustained during the caesarean section, and because he had not been involved in either surgery, he could not be held legally responsible.
However, Judge Tsautse rejected this argument.
The court emphasised that the plaintiffs were not alleging that Dr Mokgosi caused the original injury. Instead, they claimed that once the patient came under his care in the ICU, his omissions—including failing to answer urgent calls, not examining the patient in person, and failing to ensure proper continuity of care—contributed to the progression of the infection and ultimately to her death.
Judge Tsautse held that these allegations were sufficient to establish a possible causal connection between the doctor’s conduct and the harm suffered.
The judge explained that, at the exception stage, the court must assume that the facts pleaded by the plaintiffs are true. The issue is not whether they will ultimately prove their case, but whether the facts, if proven, are capable of supporting a legal claim.
The court found that the plaintiffs had properly pleaded all essential elements of a negligence claim, including a duty of care, wrongful conduct, causation and damages.
Judge Tsautse stated that questions about whether the doctor’s actions actually caused or materially contributed to the patient’s death can only be determined at trial after hearing expert medical evidence and reviewing ICU records and the autopsy report.
“The pleaded facts are capable of sustaining the conclusion that the fourth defendant’s conduct contributed to the harm suffered,” the judge said.
The court accordingly dismissed the exception and ordered Dr Mokgosi to file his formal plea within 15 days. The costs of the exception application will be decided as part of the main case.
The ruling means the family’s medical negligence lawsuit against Life Peglerae Hospital and the doctors involved will proceed to trial, where the court will hear evidence on whether negligent treatment in the ICU deprived the patient of a realistic chance of survival.