‘Hospital cut off my leg’
Man sues for R13m after ‘misdiagnosis’ ruins his marriage and life
AONCE highly successful businessman is “living hand to mouth” and risks being evicted from his flat after sustaining major damage to his overall bodily functions, allegedly due to medical negligence at two public KwaZulu-Natal hospitals.
Deon Pillay, 43, of Pietermaritzburg, is suing the provincial Department of Health for more than R13 million after doctors removed his right leg from just below the knee after he was allegedly “misdiagnosed” with a nerve problem.
The operation has allegedly caused Pillay to suffer 60% partial and permanent impairment to his overall bodily functions and left him unable to work in most jobs.
In papers filed in the Pietermaritzburg High Court, Pillay alleged that in July 2011, doctors at Estcourt Hospital had diagnosed him with a sciatic nerve problem in his right leg whereas they should rather have sought to remove blood clots in his leg.
Pillay, who had gone to hospital because of pain in his leg, alleges that medical staff should have known his problem was due to clots because of heart problems outlined in his medical history.
A month later, he was transferred to Inkosi Albert Luthuli Central Hospital where his leg was removed.
Things took a turn for the worse in 2014, when Pillay, who did not have medical aid, was admitted to a private hospital in Pietermaritzburg to have more of his leg removed after it became infected, allegedly because doctors at Albert Luthuli failed to provide adequate care after the operation.
In responding papers, the department denied negligence and said the hospitals had given him the best care possible under the circumstances. It denied it was liable for the damages. Before the operations, Pillay ran a business importing, exporting and brokering in the food commodities sector.
He told POST his turnover was around R6m in 2008 and 2009.
So successful was his enterprise that in 2011 he moved his family to Estcourt to try to penetrate the Lesotho market.
He has since found it difficult to gain employment.
“I’m seeing to my wife and teenage daughter with a disability grant. I am living in a flat and (being in) arrears has now led me to being given notice for eviction.
“This has taken a toll on my marriage and my wife is contemplating divorce. Can I blame her? She also has a life and I cannot rob her of that.
“I have a teenage daughter and she cannot go on outings with her friends because there are no resources. I feel as if I am worthless.”
As part of his overall damages claim, Pillay demanded R5m for “future loss of earnings/earning capacity”, according to court papers.
He has been trying to sue the department since 2013 .
In July 2014 he managed to serve a summons demanding R10m for negligence from the department.
There was never a response from the department – even after two years of waiting.
In May last year he hired his legal representatives, Gary Austin Inc Attorneys, who amended some aspects of his case and increased the sought amount for damages. A trial date has yet to be set. Pillay’s case is a drop in the ocean for the embattled department which, unions allege, owes about R10 billion in medical negligence claims.
The department also faces an increasing number of calls for Health MEC Sibongiseni Dhlomo to resign. Many of them come from disgruntled new doctors who are struggling to find jobs.
Unions say there wouldn’t be so many medical negligence cases if the department chose to employ more staff at government hospitals.