State to fork out millions for lost leg

Amputation was a result of negligence

The Gauteng health department has failed in its bid to appeal a ruling that declared it liable for damages to a teen admitted to hospital with a swollen knee, who ended up having a leg amputated.

In July, Maseli Mashilo of Bronkhorstspruit won a claim against the department on behalf of her daughter Ayanda, now 18. Judge Annali Basson ruled the department was “100% liable” for damages arising out of Ayanda’s aboveknee amputation.

On March 29 2011 Ayanda, aged 12, was admitted to Mamelodi Hospital after she injured her right leg while playing football at school.

Basson pointed out in her ruling that Ayanda “was in good health” when admitted. But on April 15 2011, her right leg had to be amputated above the knee.

Ayanda developed lifethreatening conditions sepsis and osteomyelitis at the hospital. She was transferred to Steve Biko Academic Hospital in Pretoria, where her leg was amputated to save her life.

Health experts testified during the trial that the conduct of medical and nursing personnel at Mamelodi Hospital constituted gross negligence. The amputation might have been averted had Ayanda’s injuries been properly attended to after admission.

No hospital records were submitted before Basson as proof of examinations done at Mamelodi Hospital.

The department went to the Constitutional Court two months ago to plead against paying lump sums for medicolegal cases, arguing the payouts were financially crippling it. It is awaiting a ruling.

It now stands to fork out millions of rands in Ayanda’s matter, to pay for physical damages and all legal costs too, which include two senior counsels who argued the matter.

The department went to court to seek leave to appeal all aspects of Basson’s July judgment.

Basson dismissed the application on Friday.

‘‘ Ayanda was in good health when she was admitted to hospital