Zimpapers Logo

Chief Court Reporter—-
A Zaka man is claiming US$85 000 in damages for permanent disability after a doctor failed to mend his broken leg in a suspected case of negligence and unprofessionalism. Mr James Mandevere broke his leg while playing soccer and was rushed to Musiso Mission Hospital in Jerera, Masvingo, for treatment. In a claim filed at the High Court recently, Mr Mandevere listed Dr Arntern and Musiso Mission Hospital as defendants.

Through his lawyers, Kadzere, Hungwe and Mandevere law firm, Mr Mandevere is demanding US$80 000 compensation for pain, suffering, trauma and permanent disability.
He also wants the doctor who attended to him and the hospital to pay him an additional US$5 000 to cover suture and incidental medical attendances plus reimbursement of all the money he paid to the mission-run hospital for treatment.

The claim is now before Justice David Mangota, who presided over a pre-trial conference last week.
The judge deferred the matter to a later date to allow the parties to file a pre-trial conference minute to help the parties reach a settlement. In the event they fail settle the matter, the judge will refer disputed issues to trial.

On the other hand, Mr Mandevere’s lawyers are seeking to amend the summons and cite the proper legal persona running the hospital.
According to the claim, Mr Mandevere broke his leg in May last year while playing soccer and he was taken to the hospital for reduction of the fracture.

“Defendant duly attended to plaintiff’s broken limb and effected a simple Plaster of Paris on plaintiff’s broken limb,” read the claim in part.
“Defendant’s professional judgment and advice presumed that the plaster would be adequate for the mending of his limb.”

After his release from hospital Mr Mandevere alleged that he visited the doctor on several occasions for medical review but his leg never healed.
At one stage the doctor recommended to Mr Mandevere use of a weight boot but this worsened his situation.

Mr Mandevere claims that the cause of the non-healing was that Dr Arntern and the hospital were negligent and unprofes- sional.
“Plaintiff needed surgery to re-align the bone fracture into normal position and the use of steel rods, screws or plates to keep the non-structure stable for it to heal the right way and prevent infection and not a simple plaster.”

But Dr Arntern and the hospital, who are being represented by Advocate Thabani Mpofu, are denying the claims of negligence and unprofessionalism and want the court to dismiss the claim.

In the opposing papers, Adv Mpofu said it was standard treatment and adequate option to treat a non-displaced tibia fibula fracture with above knee Plaster of Paris and non-weight bearing for a minimal six weeks.

“It is a safe option regarding risks of infection,” said Adv Mpofu adding: “There was no need for manipulation of the fracture since it was non-displaced.”
Adv Mpofu also argued that a non-union could occur anytime regardless of the intervention (conservative or surgical) and is influenced by different factors.