Friday, May 22, 2026

The judge rejects the doctor’s attempt to avoid the negligence lawsuit

Date:

Background of the Case

In April 2021 a young woman went to Life Peglerae Hospital for a caesarean section. During the surgery she suffered a small‑intestinal injury that required a second, emergency operation. After the second surgery she was moved to the intensive care unit (ICU) where Dr Mokgosi was responsible for her care.

What the Family Alleged

The woman’s father, Kereng Andrew Morakile, and a relative, Katlego MacDonald Chowe, said that by the time she reached the ICU she already had septic shock—a dangerous infection that can spread quickly. They claimed that:

  • Dr Mokgosi did not answer urgent calls from nurses.
  • He never examined her in person, only gave orders from a distance.
  • He failed to arrange a backup doctor when he was unavailable.

According to the family, these mistakes let the infection worsen and contributed to her death.

The Doctor’s Legal Challenge

Dr Mokgosi filed an “exception,” asking the court to throw out the case before it even started. His lawyers argued that the autopsy blamed the death on complications from the intestinal injury, not on anything he did in the ICU. Because he wasn’t involved in either surgery, they said he could not be held liable.

Judge Thato Tsautse’s Ruling

Acting Judge Thato Tsautse rejected the exception. She explained that the plaintiffs never said Dr Mokgosi caused the original injury. Instead, they said his actions—or lack of actions—in the ICU allowed the infection to get worse. The judge noted that, for the purpose of deciding whether the case can go forward, the court must assume the plaintiffs’ facts are true.

She found that the complaint contained all the basic parts of a negligence claim:

  • Duty of care – Dr Mokgosi was responsible for the patient while she was in the ICU.
  • Breach – Alleged failures to respond, examine, and provide coverage.
  • Causation – If proven, those failures could have helped the infection progress to death.
  • Damages – The loss of life and suffering of the family.

Because these elements were adequately pleaded, the judge said the case deserved a trial where medical experts and ICU records could be examined.

Why This Matters for Teens

This decision shows that a doctor’s responsibility doesn’t end when the surgery is over. Even if a physician didn’t perform the operation, they still have a duty to monitor patients closely, respond quickly to warning signs, and make sure another qualified doctor is available when they can’t be present. The case reminds everyone that good communication and timely care in the ICU can be just as important as the surgery itself.

Conclusion

The North West High Court has allowed the family’s medical negligence claim to move forward. The court will now hear evidence to decide whether Dr Mokgosi’s alleged shortcomings in the ICU played a role in the young woman’s death. Whatever the outcome, the case highlights the importance of vigilant, hands‑on care for patients recovering from serious operations.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest News

spot_img

Related articles

Sugar farmers launch bid to save struggling Tongaat Hulett

Farmer‑Led GrowerCo Seeks to Save Tongaat Hulett from Liquidation The future of South Africa’s sugar sector hangs in the...

SAHRC Water Inquiry | Johannesburg spends R130m on water tankers amid ongoing crisis

Gauteng’s Water Crisis: What Leaders Are Doing The Problem Gauteng’s water system is under serious strain. Officials told the SA...

The killing of an ISIS fighter helps restore shattered relations between the United States and Nigeria

Abu‑Bilal al‑Minuki and the May 2024 Strike: What We Know On 16 May 2024 a series of posts on former President...

Hawks captain says former city manager didn’t object to his cellphone being confiscated

What Happened in Court? During a hearing at the Durban High Court, a Hawks captain explained what happened when...