On 19 July 2019 Ms Nokuzola Maswanganyi was admitted at Freedom Hospital, a public hospital in East London, Eastern Cape Province. She was diagnosed as suffering from a condition called appendicitis. Due to rupture of the appendix the infection and accompanying inflammation had already spread throughout the abdomen. Her condition was complicated and led to appendiceal

perforation. Given the seriousness of her condition, a decision was made that an emergency surgical procedure in the form of appendectomy be performed on her. In carrying out the aforesaid surgical procedure, the surgeon(s) in charge (Drs Ernst Kili and Ellen Van Wyk) and other medical staff members of the hospital left a surgical sponge to the left of midline at the mid-abdomen of Ms Lilian Maswanganyi. This caused her great pain and difficulty in recovering. As a result thereof, she was later re-admitted and it is during this time that the surgical sponge was detected. She had to undergo further

surgery to remove the surgical sponge. Ms Maswanganyi tells you that she has spoken to some doctor friends of hers who

have advised her that the professional medical staff acted negligently, in one or more

of the following reasons: by leaving a surgical sponge to the left of midline at the mid abdomen of the Plaintiff; by failing to perform the surgical procedure with such professional skill and care as is reasonable for a surgeon / nurse / assistants / medical professional; by failing to take all reasonable and necessary steps in accordance with the requirements of the medical standard of care; by failing to ensure that the Plaintiff is treated with the standard of care required in respect of a patient in her condition and circumstances; by failing to exercise reasonable skill, diligence and knowledge of a reasonable medical practitioner in the required field of expertise and to act in a professional manner and without negligence while caring for the Plaintiff. As a result of the medical staff negligence or failure to act in line with their mandate,

Ms Maswanganyi suffered damages to the tune of R 950 000, 00 (Nine Hundred and Fifty Thousand Rands). Ms Maswanganyi wants to sue for damages and instructed you to issue a summons against the wrongdoers. Ms Maswanganyi is a 37-year-old teacher earning a salary of R25 000, 00 per month. The second medical procedure affected her negatively so much that she is unable to stand on her feet for longer than 30 minutes and she has to frequent the hospital for further medical check-ups. She was unable to go to work and could not earn a salary for period of six months.

You are an advocate and have been instructed by an attorney to provide an opinion on whether his client's claim has been prescribed or not. The medical negligence which is the cause of the claim occurred on 19 September 2019. The summons has been issued and served on the defendant on 19 September 2022.

With reference to authorities, draft a legal opinion and critically discuss whether Ms Maswanganyi's claim has been prescribed or not? If 2021 was leap year, what difference would that make to the claim, if any?

Answer rating: 100% (QA)

Based on the information provided Ms Nokuzola Maswanganyis claim for medical negligence has been pre... View the full answer