Court rules against woman claiming permanent sterility after abortion procedure.
The Eastern Cape High Court in Mthatha has dismissed a medical negligence claim brought by a woman who alleged that complications following a termination of pregnancy procedure left her permanently sterile.
Acting Judge M Mhambi ruled that the woman had failed to establish liability against Dr. S Mduna, the doctor she had sued, and ordered that her claim be dismissed with costs.
The case stemmed from events dating back to 28 May 2015, when the plaintiff attended Dr. Mduna's medical centre seeking a choice termination of pregnancy. According to court papers, she alleged that negligent treatment led to severe complications, including a uterine rupture that necessitated a subtotal hysterectomy, leaving her unable to bear children.
The woman maintained throughout the proceedings that Dr. Mduna personally treated her and prescribed medication that ultimately resulted in the injuries she suffered. Expert evidence submitted on her behalf supported her account regarding the medical consequences of the procedure.
