A Durban couple is claiming R2-million in damages from a city hospital and a top surgeon after their daughter died following a dental procedure.
Rameshchandra Pranlal Dhupelia and his wife Asha, have instituted legal action in the Durban High Court against Joint Medical Holdings Limited, which trades as City Hospital, and maxillofacial surgeon Dr Vivesh Rughubar.
In summons served on both parties last week, the Dhupelias claimed they no longer had a source of income after the death of their daughter, Sapna, 26. A corporate banker at Investec, she had given her parents a monthly allowance of R12000.
Rameshchandra Pranlal is claiming R864000 and Asha R1.188-million for loss of support.
According to the papers, Rughubar performed a maxilla-mandible osteotomy - jaw realignment surgery - on Sapna at City Hospital on March 27 2009.
After the surgery, Sapna was admitted to the hospital's intensive care unit. Her parents allege that both the hospital and Rughubar were negligent in Sapna's post-operative treatment.
The Dhupelias also claim the surgeon and staff failed to react appropriately or reasonably when post-operative complications set in and "did not take reasonable steps to prevent the occurrence of harm or death".
Rughubar and the hospital have been accused of failing to ensure that Sapna received a constant supply of oxygen to her brain, neglecting to keep her airways open and functioning, failing to cut the wires holding her jaws together when post-operative complications set in and allegedly ignoring Sapna's complaints that she was unable to breathe.
It is alleged that Sapna developed raised intracranial pressure, causing her to suffer a deprivation of oxygen to her brain, and that she suffered brain damage.
She died on April 5 2009.
Rughubar declined to comment, saying the matter was sub-judice and was also being investigated by the Health Professions Council of South Africa (HPCSA).
His lawyer, Laura Covas Lourenco, said they would defend the action and were in the process of preparing an explanation for the HPCSA.
Vishnu Rampartab, group general manager of Joint Medical Holdings, said they had received a summons and would defend the matter.
Dr Kgosi Letlape, HPCSA acting registrar and CEO, said the matter was under investigation.
This week, an emotional Asha said the court action was not about the money, but for closure.
"To this day, I still don't know what went wrong. We have never been told the truth.
"I left her in the care of the doctors and hospital. I put all my faith and trust in them. It took me months to deal with the trauma. My husband has lost the will to live."
