R4.5m claim for alleged wrongful ovary removal
A Phoenix mother wanting to have a baby was traumatised when she learnt one of her ovaries was missing.
She claimed that her gynaecologist removed one of her ovaries without her approval during a surgical procedure a few years ago.
The woman recently made a R4.5 million damages claim in summons served on doctor Vino Naicker, who is based at the Life Mount Edgecombe Hospital.
In the documents prepared by attorney Rajesh Hiralall and lodged with the Durban High Court, the woman claimed that her right ovary was removed in 2014 when Naicker performed a caesarean and a tubal ligation sterilisation procedure on her.
During a consultation with Naicker in January 2014, the woman, who was pregnant at the time, requested professional advice from the doctor on a caesarean, tubal ligation sterilisation and parental care.
According to the woman, Naicker, who is a specialist gynaecologist and obstetrician, told her that should she wish to have another child after the tubal ligation sterilisation procedure, the procedure could be reversed.
Based on the advice she received, the woman, who is a nurse by profession, consented to the doctor performing the respective procedures and acknowledged the associated risks and benefits.
In the same month, she gave birth by means of a c-section and also had the sterilisation procedure.
During the course of July 2018, the woman and her husband decided to reverse the tubal ligation sterilisation performed by Naicker, because they wanted to have another child.
As a result, she decided to undergo a diagnostic radiology test with a medical imaging company.
The test revealed that she only had one ovary and that her right ovary had been removed.
The woman claimed that the ovary had been removed while the medical procedures were performed by Naicker in 2014, that it was done without her authority and that it was a wrongful and unlawful act.
The woman insisted that she “did not and would not” have consented to the removal of her right ovary and that it was a “breach of a duty of care” by Naicker.
As a result, the woman said she had to endure “pain and suffering, psychological trauma and the probability of being unable to conceive another child”.
Therefore, she went ahead with her damages claim.
The woman claimed R2 million for the improbability of conceiving another child, R500000 for the alleged unlawful removal of her ovary, R1m for her pain and suffering and another R1m for psychological trauma.
When approached for a response, Ramcharan said she couldn’t comment because the woman had not given Naicker written permission to disclose her medical details.
Hiralall also refused to comment further.
© Juta and Company (Pty) Ltd 2016
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