Woman Loses R6 Million Medical Negligence Claim Due to Prescription Period

A South African woman seeking R6 million in medical negligence damages has had her claim dismissed by the North West High Court in Mahikeng after failing to file within the statutory three-year limit. Acting Judge B.F. Mnyovu upheld a special plea of prescription raised by Dr. Sam Amaoukua Adu, ruling that the legal action had expired before it could proceed.

Patient Seeks R6 Million for Childbirth Complications

The litigation stems from medical complications following a December 11, 2019, childbirth where the patient was delivered via vacuum extraction alongside an episiotomy. The woman subsequently developed a severe rectovaginal fistula, causing gas and fecal matter to pass through her vagina. She alleged that Dr. Adu breached his duty of care during treatment and sought R6 million to cover multiple corrective surgeries, emotional and psychological harm, the impact on her quality of life, and future medical expenses. Dr. Adu, who had provided antenatal care since 2017, maintained that an examination in January 2020 showed no complications, though symptoms emerged the following month and required surgical repair on February 4, 2021.

Legal Dispute over Prescription Period Start Date

The central dispute revolved around when the three-year prescription period mandated by Section 12(3) of the Prescription Act 68 of 1969 officially began. Legal representatives for the claimant argued that the limitation period only commenced on June 28, 2021, when she received an expert assessment report from Dr. Burgin that officially identified the alleged negligence. Conversely, defense counsel for Dr. Adu argued that the claim expired because the patient already knew the essential primary facts—including the doctor’s identity and the physical complications—by February 4, 2021, when she underwent corrective surgery.

Court Ruling on Discovery of Negligence

Judge Mnyovu ruled in favor of the defense, establishing that a claimant does not need definitive legal proof or a completed expert report on negligence for prescription to start running. The court found that by February 2021, the patient had already experienced the condition, undergone surgery, consulted a secondary practitioner, and appointed attorneys on February 27, 2021, to investigate the matter. Consequently, the court dismissed the R6 million lawsuit and ordered the claimant to pay legal costs, leaving the underlying question of medical negligence unexamined by the court.