Moorosi Tsiane
A Berea businesswoman has sued the Sankatana HIV/AIDS and Oncology Centre, Queen ‘Mamohato Memorial Hospital, and the Ministry of Health for a staggering M15.5 million over alleged gross medical negligence that has left her permanently incontinent, unable to run her business, and suffering from severe emotional trauma.
According to court papers filed yesterday, Limakatso Khalanyane of Khubetsoana claims she was misdiagnosed with cervical cancer by staff at Sankatana and subsequently subjected to an unnecessary Loop Electrosurgical Excision Procedure (LEEP) on 3 September 2019 — a procedure she says has caused her irreversible harm.
The Sankatana Centre, Queen ‘Mamohato Memorial Hospital (QMMH), the Ministry of Health, and the Attorney General Rapelang Motsieloa are cited as the first to fourth respondents, respectively.
“On the 3rd of September 2019, Plaintiff (Khalanyane) was provided medical treatment at and/or by 1st Defendant (Sankatana) after she was misdiagnosed with cervical cancer.
“Per the medical record, Sankatana performed a Loop Electrosurgical Excision Procedure (LEEP) on Plaintiff to treat the cervical cancer – a procedure that unusually lasted a couple of hours,” Ms Khalanyane submits.
She says on her way home, while experiencing intense pain from the procedure, she felt an unusual wetness on her body and clothes, only to discover that she had urinated on her pants.
“Immediately on her way home after the procedure, while in serious pain, Plaintiff felt a water-like substance on her underwear, pants and taxi seat, only to discover that it was her urine. Since then, she has been incontinent and fully reliant on adult diapers, as her bladder ruptured during the medical procedure and can no longer hold urine.
“This disorder was diagnosed as Vesicovaginal Fistula (VVF) (an abnormal fistulous tract extending between the bladder and the vagina that allows continuous, involuntary discharge of urine into the vaginal vault) by Queen ‘Mamohato, where she was transferred – a condition that occurred due to the September 3rd Loop Electrosurgical Excision Procedure (LEEP).
“It was also Queen ‘Mamohato’s finding that Plaintiff was misdiagnosed with cervical cancer and, as such, the Loop Electrosurgical Excision Procedure (LEEP) was unnecessarily and erroneously performed on Plaintiff,” Ms Khalanyane claims.
Despite several attempts by both Sankatana and Queen ‘Mamohato Memorial Hospital from 2020 to 2023 to correct the damage, Ms Khalanyane claims that all such efforts have yielded no positive results.
“Both Sankatana and Queen ‘Mamohato have endeavoured on a number of occasions from the year 2020 to the year 2023 to undertake corrective measures in respect of the VVF, but all attempts yielded no positive results.”
Ms Khalanyane further submits that QMMH and Ministry of Health efforts to secure specialised treatment in Bloemfontein, South Africa, where a qualified urologist could attend to her condition, also failed.
“There have been several attempts by second defendant (QMMH) as well as third defendant (Ministry) to get a urologist in Bloemfontein, within the Republic of South Africa, who would treat Plaintiff’s condition that was occasioned by 1st Defendant, but such attempts have been fruitless.”
She submits that Sankatana employees were negligent in that they breached their duty of care and fell short of the standard of reasonable medical care, resulting in injury caused by substandard professional conduct.
“It is my submission that during the provision of health services, employees of Sankatana were negligent in that they breached their duty of care and fell short of the standard of reasonable medical care.”
She also points a finger at QMMH, saying its employees were also negligent.
“Being aware of 1st Defendant’s negligence, there were several attempts by 2nd Defendant to undertake the corrective procedure on Plaintiff despite the lack of expertise. Being unable to undertake the corrective procedure, second defendant failed, despite available means, to refer Plaintiff to Bloemfontein where she could be attended to by a qualified urologist.”
As a result of this alleged negligence, Ms Khalanyane says she has suffered immense pain, physical damage, and psychological trauma. The injuries have significantly diminished her quality of life and made it impossible for her to continue running her garment production business, which was her sole source of income.
“Due to constant urine leakage, this has caused me embarrassment, discomfort, and serious hygiene issues. I had to limit being in public spaces and leave my business premises in favour of a limited working space at home.”
Since September 2019, Ms Khalanyane claims she has been forced to spend on daily hygiene and medical supplies including adult diapers, cleaning products, and skin care medication to deal with infections and ulcers caused by constant exposure to urine.
She also claims to have been experiencing frequent urinary tract infections and is in continuous need of antibiotics and other medications.
Her claim further states that she suffers from feelings of shame, embarrassment, and low self-esteem due to the urinary incontinence and associated odours, leading to social isolation and serious mental health challenges.
“My condition has also resulted in sexual dysfunction. I am a married woman. The pain, discomfort, and urinary leakage during sexual activity has led to diminished sexual desire and satisfaction.”
Her daily life, including walking, sitting, and working, has been completely disrupted, while public transport has become inaccessible for her due to the condition, and she had to purchase a private vehicle to move around.
“I have suffered loss of earnings and have become an economic burden to my family. What was once a successful garment business has now crumbled. This has pushed me to poverty, bitterness, trauma, depression and disappointment in view of how well I was doing before the occurrence.”
She is therefore demanding to be compensated M15,500,000 broken down as follows: M1,500,000 for Resultant Medical Costs, M4,000,000 for further medical treatment, M2,500,000 for pain and suffering, M1,500,000 for loss of earnings, M3,000,000 for future loss of earnings and M3,000,000 for permanent damage and disfigurement.
She submits that her letter of demand dated 7 July 2023 has been ignored by the defendants until she went to court.
