A woman is seeking R2 million in damages from the Gauteng Department of Health MEC, for claims of negligence in that while undergoing a myomectomy at Chris Hani Baragwanath Hospital, a surgical swab was left behind resulting in bowel obstruction, infection and fistula formation.

Any-Mitonga Lukusa underwent the myomectomy on December 17, 2014, and was discharged three days later.

In October 2015, she was admitted to South Rand Hospital with abdominal pain, nausea, vomiting and constipation and was later referred to Charlotte Maxeke Hospital.

An ultrasound scan revealed a surgical swab in her abdomen causing the bowel obstruction.

On November 26, 2015, she had to undergo surgery to remove the swab.

The woman is represented by lawyer Tzvi Brivik, director of Malcolm Lyons and Brivik Inc.

Brivik told the Cape Argus: "Our client has a claim as a result of a foreign object namely a swab being retained after an operation. This is clearly as a result of poor medical treatment. The retained swab has since eroded into the small bowel causing problems including infection, mechanical and intestinal obstruction and fistula formation.

“Our client was in a high care ward for three weeks receiving treatment as a result.

“It is the responsibility of the nursing staff as well as the doctors to ensure that a proper count is taken of the swabs before the client is sutured closed.

"There is no room for such error and the consequences as have been for our client are dire.”

Brivik said the procedure affected his client’s quality of life.

“Our client was a shopkeeper working for herself who was unable to return to work for an extended period of time and who has suffered tremendously as a result of this gross negligence.

“Our client is seeking damages in the amount of R2 million.

“What is most frustrating is that the medical expert appointed by the defendant, namely the state, in this matter agrees that the staff was negligent and that leaving the swab is unacceptable yet the state at great expense to the taxpayer refuses to accept responsibility and pay fair compensation.

“It has instead engaged in extended and expensive litigation without any defense.”

In the defendant’s plea, they denied the allegations of negligence.

They argued that her claim for damages was excessive and that public health care facilities can provide the necessary services at no cost to her.

They requested that the court order her to render the services instead of paying compensation and are asking for her claim to be dismissed.

Professor Brian Warren, a surgeon, called as an expert witness by the woman, said medical records from 2014 and 2015 will testify that the staff failed to provide her with the expected degree of skill and care and that her health issues arose due to the swab being left inside her and the need for an additional surgery.

Another expert who was instructed to review the case also conceded that due to the surgical swab being left behind, the sepsis and incisional hernia were complications.

Cape Argus