Couple sue for R100m after op
2003-11-03 22:24
Cape Town - A couple, whose daughter has cerebral palsy after an operation in a private clinic in George, are suing the clinic and the doctors involved for nearly R100m in the Cape High Court.
Hendrik Johannes van Antwerpen and his wife, Marchel René, are suing the Lamprecht Clinic (now the George Medi-Clinic) and three doctors because an operation on August 15 1996 left their daughter, Jessi (now seven), with cerebral palsy.
Jessi cannot see, speak or walk and can take in fluids only through a pipe in her stomach.
The legal representatives of the Van Antwerpens, who now live in America, described this claim as the biggest medical negligence case yet in South Africa.
The couple apparently had to move to America a month after the operation because a benefactor offered to cover all Jessi's medical expenses.
The couple have two other children.
The Lamprecht Clinic and doctors H W Graser, A L Swart and J Scholtz indicated they would oppose the claim.
Three months old at the time
Affidavits show that Mrs van Antwerpen and Jessi visited the clinic on August 13 1996, and were told that an operation was needed to repair a hernia in Jessi's right groin.
The couple agreed to the operation. Jessi was apparently a normal three-month-old baby at the time of the operation.
Jessi was given an anaesthetic, but tubes could not be inserted to provide more oxygen.
Because of this, Jessi's oxygen intake was very low and her heart rate dropped abnormally low.
Despite emergency treatment in the intensive-care unit, Jessi had serious brain damage that left her with cerebral palsy.
The couple claim the doctors and clinic had been obliged to carry out the operation with the necessary professional skills, care and diligence.
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