Moorosi Tsiane
QUEEN ‘Mamohato Memorial Hospital (QMMH) has been slapped with an M8.29 million lawsuit by a Berea man who alleges that negligence by the hospital’s staff in August 2022 resulted in his permanent disability.
Matee ‘Mota, of Tsereoane in Berea, is accusing QMMH staff of failing to treat his injuries timeously, leading to the amputation of his left leg and the paralysis of his right leg.
According to his court documents, Mr ‘Mota was involved in a car accident on 25 August 2022 in Kolonyama, Berea. He was initially admitted to Teyateyaneng Government Hospital before being transferred to QMMH, where he remained for a month.
The Superintendent of QMMH, the Principal Secretary of the Ministry of Health, the Roads Directorate, the Principal Secretary of the Ministry of Public Works and Transport, and the Attorney General are cited as first to fifth respondents respectively.
Mr ‘Mota claims that upon admission to QMMH, both of his legs were still functional.
“Despite his serious condition, the applicant was neglected for several days. At the time of admission, both legs were functional, including the toes. He underwent multiple surgeries—three on the left leg and two on the right. It was after these operations that his condition worsened. The left leg became sore, darkened, and was eventually amputated from above the knee to the ankle.”
Mr ‘Mota argues that the staff at QMMH acted recklessly, especially as they were allegedly engaged in a go-slow at the time.
“The respondents not only acted negligently but recklessly. The omission to attend to the injuries in time escalated the damage. The delay was partly due to a staff go-slow amid the COVID-19 lockdown. During the surgeries, the applicant suffered excruciating pain and emotional distress. He was made to sign a form in a state of confusion and despair. His left leg was amputated and the right leg was left numb and non-functional.”
He claims that the permanent injuries have made it impossible for him to return to his job as a machine operator at HSPY Company in Leribe.
“Ever since the accident, the applicant has been unable to return to work. He lost all employment income—previously M96,000 per annum—and he now seeks damages for the next 25 years up to retirement. Due to financial strain, he cannot afford artificial limbs and has incurred additional costs including medical bills, travel, and food expenses during recovery.”
He therefore holds all the respondents liable for his injuries, including the Roads Directorate and the Ministry of Public Works and Transport, who he claims have the responsibility to ensure safety along public roads.
“Ever since the accident, the applicant has been unable to attend work. He lost all his employment earnings from the day of the accident to the present day. He was earning M96,000 per annum. He holds all the respondents liable for the loss of earnings and future income over the next 25 years until he reaches retirement age. Because he lost his job, he is unable to buy artificial legs.”
“The plaintiff suffered financial losses during his recovery process to the extent that he exhausted all his savings. He incurred travel expenses, food expenses while away from home, medical expenses, and more.
“The damage was caused solely by the negligence of Queen ‘Mamohato staff in one or more of the following respects: they were, by law, obligated as essential service providers not to neglect patients during the COVID-19 pandemic or to engage in strikes or go-slows under any circumstances. The failure to attend to patients’ injuries in time resulted in serious damage to life.
“Additionally, it is the obligation of the Roads Directorate and the Ministry of Public Works and Transport to ensure the safety and protection of the general public along public roads. Had there been proper road lighting and road signage, the Applicant could have seen the pothole and avoided the accident.”
He also states that his injuries are still unhealed and that he is now permanently confined to a wheelchair.
Mr ‘Mota is demanding M8,290,390 in damages, broken down as follows: M201,390 for hospital and general expenses: M3.8 million for loss of earnings and future income: M2.5 million loss of amenities of life, permanent disability, and disfigurement: and M1,789,000 for emotional shock, pain, and suffering.
The matter is pending before the High Court.
