Times LIVE: KwaZulu-Natal health authorities and Chatsworth’s R. K. Khan hospital are set for a battle against an R11m lawsuit in the ‘maggots incident.’
The shocking case of 52-year-old Sadek Ebrahim, made national headlines across South Africa, after a viral video showing Ebrahim’s mouth infested with maggots while under the care of medical staff at the Durban state hospital.
Ebrahim’s son Azaad, is claiming R7.5m while Ebrahim’s wife, Edith Rajaruthinam, is demanding R3.5m.TimesLIVE
According to TimesLIVE, a combined summons, submitted to the Durban High Court, by law firm, TPA Legal outlines the incidents of negligence and reckless treatment of the now late Sadek Ebrahim.
In court papers in possession of TimesLIVE, Ebrahim’s son and wife are claiming a combined amount of R11m from RK Khan Hospital in Chatsworth, south of Durban, as well as provincial health MEC Nomagugu Simelane-Zulu.
The claims form part of compensation from the hospital and MEC for general damages, emotional trauma as well as pain and suffering.
An excerpt from the combined summons reads:
“The Plaintiffs claim that had the First Defendant (R K Khans Hospital) acted with proper diligence, care and professionalism expected from a medical institution the deceased would not have had required his limbs to be amputated nor would the deceased have had an infestation of maggots in his mouth.”
The summons notes that the Second Defendant (MEC for health in KZN) is “vicariously liable” for RK Khan’s actions.
According to Pillay, the sheriff of the court served papers of KwaZulu-Natal health officials last week. They have 30 days to decide whether they will be defending the case and subsequently submit their plea to do so.
However, the provincial health spokesperson, Noluthando Nkosi, could not confirm this.
“As a matter of principle the department does not comment on matters that are pending before a court. When this matter first emerged the department took decisive, immediate and swift action and would like to leave it at that at this point.”
Other cases by TPA Legal
The law firm is currently dealing with two other public- interest court cases.
Theasen Pillay of TPA Legal is currently representing South African actor Theshen Naicker in relation to assault and harassment charges against foodie enthusiast Imran Omar.
The food socialite was slapped with a High Court summons for damages amounting to R850,000. Omar is to also face charges of crimen injuria (assault and defamation) which are being pursued in the Criminal court.