Medical Malpractice: Part 2
05 July 2023, Lizanne Maritz
In the case of Mukheiber v Raath, Mrs. Raath (hereafter referred to as “R”) told Dr Mukheiber (hereafter referred to... as “M”) during their meeting that she did not want to become pregnant again and they considered sterilisation, however, no decision was reached. This was during her third pregnancy when she unexpectedly delivered her baby through an emergency c-section. The parties did not expressly agree that sterilisation would take place concurrently, and there was no signed permission form for the sterilisation surgery before the c-section. The plaintiffs said that Dr M told them at a follow-up appointment soon after the c-section that a sterilisation surgery had been completed and that they did not need to use contraception going ahead. A few months later, Mrs. R became pregnant, which prompted an allegation of improper conception.