Legal setback for patient as court rules on faulty drip case

A FORMER patient at the Potchefstroom Hospital for a second time lost his legal bid to claim damages from the MEC for Health in the North West Province after a portion of a drip mechanism broke off in his arm.

- ZELDA VENTER

Magiel du Plessis turned to the Mafikeng High Court, where he claimed damages from the health authorities in the province.

He alleged that as his right arm was damaged by the faulty drip, he can no longer work as a boilermaker, as he has to use this arm to operate heavy tools.

The High Court earlier dismissed his claim and concluded that it is not the fault of the medical practitioners that the drip was faulty and that a portion broke off in his arm.

Unhappy with that finding, Du Plessis now appealed it before a full court — three judges.

The hospital’s defence is that at the time the drip was inserted into the appellant's arm, it was not known that it was faulty. The hospital, in denying any negligence, said it was not the intention of its employees to use a faulty drip.