A woman’s R6m medical negligence claim against a North West doctor has been dismissed after the North West High Court (Mahikeng) found she failed to institute proceedings within the three-year prescription period prescribed by law, reports IoL.

The woman sued Dr Sam Amaoukua Adu for damages arising from complications she experienced after giving birth in December 2019.

She alleged that negligent treatment during the delivery caused her to develop a recto-vaginal fistula, resulting in the passage of flatus and faecal matter through her vagina.

Acting Judge B.F. Mnyovu upheld the doctor’s special plea of prescription and dismissed the claim with costs.

The court heard that the woman gave birth on 11 December 2019 by vacuum extraction and underwent an episiotomy during the procedure. Although a post-natal examination in January 2020 reportedly revealed no complications, she later developed symptoms that worsened over time.

By March 2020 her condition had worsened.

Adu testified that he subsequently diagnosed a recto-vaginal fistula and advised that surgery would be required. The woman eventually underwent surgery in February 2021, but claimed the procedure did not resolve her condition.

She later consulted another doctor and sought legal advice.

The plaintiff argued that prescription only began running after she received a medical report from an expert, Dr Burgin, in June 2021, and his report provided the first indication that her injuries may have resulted from medical negligence.

Adu’s legal team contended that the woman already possessed the material facts necessary to pursue a claim by February 2021 and did not need expert confirmation that negligence had occurred before prescription could begin.

The court agreed.

It found that by February 2021 the woman knew who had treated her, the nature of her injuries, had undergone corrective surgery and had consulted other medical practitioners regarding her condition. She had also instructed attorneys on 27 February 2021 to investigate and pursue legal action, reports IoL.

The court held this demonstrated she had sufficient knowledge of the facts well before receiving the expert report four months later.

While the judgment acknowledged mere suspicion of wrongdoing may not immediately trigger prescription in professional negligence matters, it held that a claimant is expected to make reasonable enquiries once concerns arise.

Prescription will begin once the relevant facts are known or could reasonably have been discovered.

Mnyovu concluded that the plaintiff had acquired the necessary knowledge by 4 February 2021.

As a result, the three-year prescription period expired on 3 February 2024.

The court upheld the special plea of prescription, dismissed the woman's R6m damages claim and ordered her to pay the costs of the action.

Full IoL report