MedicalBrief 294 - 19 March 2020
"In a split decision by the Supreme Court of Appeal, a Port Elizabeth woman has won a 10-year negligence action over two small nicks to her bile duct during an operation to remove her gall bladder, reports MedicalBrief. The overturned High Court judgment had ruled that the error “seems to be one that any reasonably competent practitioner could have made”. The SCA, however, found “no reasonable suggestion has been offered as to how the injury could have occurred, save for negligence”.
Following a defeat in the High Court, Felicia Meyers, 51, finally succeeded at the Supreme Court of Appeal, which this week ruled that surgeon Dr Richard Vogel had been negligent and held Eastern Cape Health liable for Meyers’ damages and legal fees, quantum yet to be determined.
In March 2010, Meyers went for what she thought was routine surgery to remove her gall bladder, but two wounds to her bile duct left her in agony and she was forced to have another operation to fix it.
Ms Meyers instituted a claim for damages in the Eastern Cape Division of the High Court, Port Elizabeth, alleging that the injuries to her bile duct that occurred during the first operation were caused by the negligence of Dr Vogel or members of his team in one of four ways, namely, by Dr Vogel failing to convert the procedure from a laparoscopic cholecystectomy to an open cholecystectomy; by him failing to perform the procedure with the care, diligence and skill required of a reasonable surgeon; by him failing to ensure that Ms Meyers’ bile duct was not cut during the procedure; and by his failure to ensure that the electro-cautery device used in the procedure was properly insulated and therefore fit for use during the procedure."
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