North West Woman's R2 Million Medical Negligence Lawsuit Against Doctor Cleared for Trial
- A North West woman sued an obstetrician and a general practitioner for R2 million after a pregnancy termination procedure allegedly burst her fallopian tube
- Dr Lofembe Ekofo filed an exception to have the lawsuit dismissed before trial, arguing the legal papers were vague and improperly drafted
- Acting Judge B.F. Mnyovu dismissed Ekofo's application and ordered him to pay costs, with the case against both doctors now heading to trial
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NORTH WEST —Obstetrician Dr Lofembe Ekofo failed in his bid to block a R2 million medical negligence lawsuit after the High Court in Mahikeng dismissed his exception application. Acting Judge B.F. Mnyovu ruled that the patient’s claim against Ekofo and general practitioner Dr Lesego Ismael Mokaed contains enough legal merit to proceed to full trial, ordering Ekofo to pay the costs of the failed challenge.
According to IOL, the patient initially consulted Ekofo, a specialist obstetrician and gynaecologist, during May and June 2023. After performing ultrasound evaluations, Ekofo directed the patient to Mokaed to execute the termination of her pregnancy. The woman alleges the procedure suffered catastrophic failures, causing her fallopian tube to rupture and forcing emergency surgery to remove the organ. She is claiming R1,924,000 for general damages alongside R77,329.33 in special damages, holding both medical professionals legally liable.
Exception dismissed with costs
Rather than responding to the allegations with a formal plea, Ekofo filed an exception challenging the amended particulars of claim. He claimed the lawsuit breached court rules by failing to articulate the practitioner-patient relationship, duty of care, or legal basis for damages.
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Judge Mnyovu struck down the argument, declaring Ekofo’s strategy an "over-technical approach". The court noted that the initial consultations and referral clearly established a duty of care between the practitioner and the patient. Ruling that the legal papers contained sufficient facts for trial, Mnyovu affirmed that the medical details and damages would be evaluated through expert testimony at the upcoming trial.
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