As previously reported in Legalbrief Today, a doctor who informed his patient via an SMS to the wrong number that he had malaria and should get urgent treatment was held 100% liable for claims he may face from his patient's widow by the Gauteng High Court (Pretoria). According to Rapport, paramedic Tony Boucher worked in Liberia during the deadly Ebola epidemic in 2015.

A day after his return to SA, he developed a fever.

The court heard Boucher refused to go to a hospital as he knew he would be placed under quarantine. Instead, he convinced Dr JJ (Kobus) Odendaal to test him for malaria on a Friday. The following day, Odendaal sent him an SMS with the results to the number he had on file, but it was Boucher's former number.

By Wednesday of the next week, Boucher’s widow, Maritza, contacted Odendaal to say her husband’s eyes were turning yellow. He told her that he has been trying to reach Boucher the entire weekend and he must urgently get treatment.

When Maritza rushed home to convey the message, Boucher was already unconscious.

He was declared brain dead in hospital due to cerebral malaria. The court held that Tony Boucher was under his care and Odendaal therefore had to ensure that he received the results of the tests.

Lawyer Johnny Maree, who acts for Boucher's widow, says it is unacceptable that a doctor chooses to send an SMS with such an urgent message and then doesn't follow it up. Odendaal says he was ‘110% convinced’ the message had been received.

He will appeal to the SCA. Maritza is claiming more than R12m in damages.

Full report in Rapport (subscription needed)