Settlement for patient who lost leg

A cardiothoracic surgeon and Netcare Milpark Hospital have agreed to settle a damages claim instituted by a Zambian businessman who went to hospital for a cardiac bypass operation but, because of complications, had his left leg amputated above the knee.

Shabir Ahmed Limbada claimed R4.8 million in damages in the Pretoria High Court from the surgeon and the hospital following his ordeal in May, 2009.

On the third day of the trial, while Limbada’s legal team were calling their witnesses to the stand, the defendants agreed to settle.

They agreed to compensate the 59-year-old man 100 percent for the damages he could prove he had suffered as a result of the amputation.

The amount will be determined at a later stage. Medical expert lawyer Mervyn Joseph, acting for Limbada, said they would obtain another court date, but they could settle on the amount of damages payable once they had investigated exactly how much damages his client had suffered.

The surgeon and the hospital have agreed to settle the matter without prejudice and without admitting liability.

Limbada testified earlier that while in Zambia, he experienced chest pain. He was advised by doctors there to seek medical help in South Africa, as hospitals here were better equipped..

A doctor in South Africa tried to treat him conservatively, without surgery, but his pain continued.

He then consulted specialist Dr Atulkumar Patel, who had earlier treated a family member for a similar complaint.

Patel suggested surgery and Limbada was admitted to Milpark Hospital on May 22, 2009, for a heart bypass.

During the operation an aortic balloon pump was fitted in his groin area to supplement the blood flow to his body.

He suffered severe complications when the pump was removed. Pressure built up on his left leg which affected the blood flow. Because of a lack of blood circulation, his leg swelled up, became hard and blisters formed on it.

Limbada, who was at the time in the intensive care unit, suffered severe pain and his family conveyed this to a nurse, whom they claim was dismissive about their pleas for help.

They then phoned Patel, who was at the time at the Wanderers ground watching the Indian Premier League cricket finals.

Patel promised to send another doctor to check Limbada, but no doctor arrived.

When his pain became worse, the family again phoned Patel, who then spoke to a nurse over the phone and told her to monitor the patient. Patel then assured the family that everything was under control.

Limbada’s pain got so bad he had to receive morphine.

When Patel saw him the next day he diagnosed him as having compartment syndrome and had the leg amputated. Limbada claimed his amputation was due to the negligence of the doctor and the staff, whom he said should have paid attention to his complaints and attended to him when he needed help.

Joseph, who specialises in medical claims, said he would like to see the return of the practice of good medicine.

“These cases should not happen. People are entitled to receive excellent medical care when they are admitted to a hospital.”