PHILANI CLINIC SUED E1.9M FOR UNEXPECTED PREGNANCY

MBABANE - A woman, who allegedly instructed a doctor to perform tubal ligation on her after giving birth to twins, has teamed up with her husband to sue Philani Clinic Services (PTY) Limited and a doctor after she fell pregnant again.

The couple is demanding a sum of E1 928 000. Tubal ligation, also known as having your tubes tied or tubal sterilisation, is a type of permanent birth control. This is surgery women can get to ‘tie’ their fallopian tubes. It’s a type of female sterilisation.
The goal is to prevent eggs from traveling from the ovaries to the uterus, so you can’t fall pregnant. The surgeon will make one or two small cuts in your belly and use a long, thin device similar to a small telescope (called a laparoscope) to cut, seal, band, clamp, or tie your fallopian tubes shut. The doctor will then stitch up your cuts and you can go home a few hours later.

Gynaecologists

Dr Muyabala Munachitombwe, who is practising as a gynaecologist, has been cited as the first respondent in the matter. Philani Clinic Services (PTY) Limited is a health institution established in accordance with the company laws of the Kingdom of Eswatini with its principal place of business in the Manzini Region. The couple, Eliken Quashie and Tina Nkonda-Quashie, wants the hospital and Dr Munachitombwe to contribute over E1 248 000 for the maintenance of the child until it attains majority.  
The aforementioned amount, according to the plaintiffs (Eliken and Tina), include total maintenance of the child from birth at E3 000 per month until the child attains majority and schools fees at E50 000 per annum for 12 academic years. They are also demanding a sum of E680 000 as compensation for medical expenses, future medical expenses, pain and suffering.

In their application, the couple submitted that they instituted these proceedings for the recovery of maintenance as a result of an alleged breach of contract concluded by the parties on July 25, 2018 in Manzini. On the second part, the plaintiffs are claiming damages against the defendants (Dr Munachitombwe and Philani Clinic) for their alleged negligence in failing to perform the tubal ligation procedure. In their particulars of claim, the plaintiffs averred that on July 25, 2018, they concluded a written agreement with the clinic. One of the material terms of the agreement, according to the couple, was that Dr Munachitombwe would perform a caesarean section on Tina for the delivery of their twin babies. These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendants are yet to file their papers.

Agreed

It was allegedly agreed between the parties that, upon delivery of the twin babies, the doctor would proceed to perform a tubal ligation on Tina for purposes of sterilising her from conceiving any other baby. According to the plaintiffs, when the agreement was concluded, both defendants were aware that, Tina was pregnant with twins and as such any other pregnancy would endanger her health and that having conceived twins she would struggle financially in the event she conceived another baby. “In breach of the written agreement, the defendants failed and/or refused to perform the tubal ligation on the second plaintiff (Tina) and as such she conceived and delivered a baby on January 20, 2020,” submitted the couple. They argued that the pregnancy was allegedly caused by the defendant’s failure to perform the tubal litigation and as such they (defendants) were liable to the plaintiffs for the damages consequential therefrom. The matter is still pending at the High Court and appearing for the couple is Banele Ngcamphalala of Mtshali Ngamphalala Thwala Attorneys in Mbabane.

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