The High Court in Port Elizabeth has sentenced a gynaecologist
to one year's imprisonment, suspended for three years, for causing
the death of a woman following an operation, the Herald Online
reported on Friday.
Dr Marcus van Heerden was found guilty of culpable homicide
following the death of Ilse Malherbe after a routine hysterectomy
at St George's Hospital on 19 October 2004.
Anaesthetist Dr Michiel Botha was found not guilty.
During sentencing on Thursday, Judge Hennie Liebenberg said
Malherbe's life could have been saved if he had acted when phoned
by the duty nurse, Sister Beatrix Cooper, to tell him of Malherbe's
low blood pressure after the operation.
"The State has proved beyond reasonable doubt that, if attended
to, and proper medication administered, the deceased's life could
have been saved.
"I am satisfied that she (Cooper) was truthful as a witness. I
find that accused number one (Van Heerden) acted negligently by
failing to go and see the deceased. He was negligent in taking
appropriate steps to stop internal bleeding."
Liebenberg said Van Heerden's evidence had been vague and
contradictory.
During mitigation of sentence, Van Heerden's lawyer, Graham van
de Spuy, said Van Heerden had been a medical practitioner for 22
years. He had a wife and two sons to take care of.
"Dr Van Heerden has suffered enormous financial loss. He has
lost patients because of the adverse publicity he has suffered in
respect of this case," the Herald quoted him as saying.
Liebenberg said he had taken Van Heerden's personal
circumstances into consideration. However, he had found it
unacceptable that Van Heerden did not want to take responsibility for what had happened.