Woman sues health ministry over breast surgery

A woman is suing the Ministry of Health and Social Services for N$3 million over an alleged botched breast reduction surgery at Walvis Bay State Hospital, with the matter now set to proceed to trial after mediation between the parties failed last week Thursday.

In papers before the Windhoek High Court, Samantha Claasen alleges she sought treatment at the state hospital on 29 September 2024 for oversized breasts and persistent neck, back and shoulder pain.

She claims doctors recommended a breast reduction procedure to relieve her symptoms and improve her quality of life.

According to her particulars of claim, she underwent the operation on 3 October 2024, and “medical staff failed to exercise the professional skill, care and attention expected of a public hospital.”

She claims hospital staff failed to properly assess her before surgery, negligently performed the operation and failed to prevent complications.

She alleges that when her bandages were removed the following day, she discovered her left breast had split into two sections while her right nipple had been removed and replaced with dead skin.

According to the claim, she has since suffered severe pain, breast deformities, seizures she never experienced before, discharge of yellow pus, emotional trauma and ongoing psychological distress.

The ministry, through government attorneys, denies negligence.

In its plea, the ministry says the operation was not performed after the plaintiff sought treatment but formed part of a voluntary plastic surgery campaign. It says participants were informed of the risks, including that healing might not occur as expected, before consenting to the procedure.

The ministry states surgeons removed 1.2kg of tissue from the left breast and 1.6kg from the right before placing the plaintiff under close observation and prescribing antibiotics and other medication.

The ministry further argues that follow-up examinations showed the wounds were being monitored, but that healing later failed.

The ministry argues the complications may have resulted from systemic factors or the plaintiff’s physical constitution rather than negligence. It also says the plaintiff had disclosed a history of smoking and had been warned that smoking could impair wound healing.

Claasen is represented by Susan Nyatondo. Judge Shafimana Ueitele is presiding.


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