“She presents with depressive features, is withdrawn from family and friends, isolates herself and has become easily irritable. She has gained weight, has decreased energy level, struggles to sleep at night and experiences a strained home atmosphere due to difficulty in doing things for herself.
“She also experiences a sense of insecurity and the [consequence] of the injury has made her feel less of a woman and that her life has drastically changed.”
Before her injury, Fekenisi had been an active person in her family, in business dealings and in church events.
In 2018, the Bhisho high court found that her treatment had been substandard, that the nursing and medical staff had been negligent, and that the department should pay out any damages that were proven or agreed upon.
Mbenenge said she had suffered severe pain since 2015 and was expected to continue to do so.
“She has been rendered wheelchair-bound and mostly bedridden. On that score, this case stands out.
“Her life has dramatically changed, rendering her to a state of dependency, depression and severe incapacity.”
He said an appropriate and fair amount for general damages was R950,000.
The general damages exclude a separate amount agreed to by the parties which entailed the payment of special damages. This amount was not mentioned in the judgment.
However, even the R950,000 will prove onerous for the broke health department, which is reportedly in the red to the tune of more than R3bn.
It has been reported that it faces another R29bn worth of medico-legal claims.
Bhisho to pay R1 million in damages for women’s botched treatment
Image: FACEBOOK/ HEALTHMEC
The Bhisho high court has ordered beleaguered health MEC Sindiswa Gomba to pay out almost R1m in general damages to a woman after mistreatment of a leg injury at Stutterheim Provincial and Frere hospitals left her in terrible pain, unable to walk and suffering deep depression.
The trouble began when Nomaroma Fekenisi, 65, slipped and fell in August 2015, and was admitted to Stutterheim Provincial Hospital. She was then transferred to Frere.
Image: FILE/ NIGEL LOUW
Eastern Cape judge president Selby Mbenenge said as a result of her negligent treatment she developed lymphoedema (swelling) of the right lower leg, ankle and foot, a large infected area over her right ankle, a significant degree of tissue death, numbness of the lower leg and chronic arterial insufficiency.
In 2005, she had to undergo surgery to replace her right knee.
“During her hospitalisation for two months, she was referred to theater on several occasions for the performance of a reduction of the knee dislocation.
“She developed chronic osteitis of the right lower leg and ankle, and had to undergo a skin graft operation due to a wound that had developed on her right foot and ankle.”
Since then, Fekenisi had been unable to walk or stand and was constantly in pain.
“She presents with depressive features, is withdrawn from family and friends, isolates herself and has become easily irritable. She has gained weight, has decreased energy level, struggles to sleep at night and experiences a strained home atmosphere due to difficulty in doing things for herself.
“She also experiences a sense of insecurity and the [consequence] of the injury has made her feel less of a woman and that her life has drastically changed.”
Before her injury, Fekenisi had been an active person in her family, in business dealings and in church events.
In 2018, the Bhisho high court found that her treatment had been substandard, that the nursing and medical staff had been negligent, and that the department should pay out any damages that were proven or agreed upon.
Mbenenge said she had suffered severe pain since 2015 and was expected to continue to do so.
“She has been rendered wheelchair-bound and mostly bedridden. On that score, this case stands out.
“Her life has dramatically changed, rendering her to a state of dependency, depression and severe incapacity.”
He said an appropriate and fair amount for general damages was R950,000.
The general damages exclude a separate amount agreed to by the parties which entailed the payment of special damages. This amount was not mentioned in the judgment.
However, even the R950,000 will prove onerous for the broke health department, which is reportedly in the red to the tune of more than R3bn.
It has been reported that it faces another R29bn worth of medico-legal claims.
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