Widow sues eye specialist for causing the death of her husband

A Harare widow has filed a US$37 000 lawsuit against popular eye specialist Dr Solomon Guramatunhu and a nurse anaesthetist at Greenwood Park Eye Centre for allegedly causing the death of her husband in the course of a cataract surgery.

Ms Joan Gross lost her husband Horst Gross in February 2009 while he was undergoing a cataract surgery by Dr Guramatunhu.

Ms Gross, together with the executor to her late husband's estate CAD Venturas, are suing Dr Guramatunhu, Greenwood Park Eye Centre and the nurse anaesthetist, Stanford Phiri, at the High Court.

But Dr Guramatunhu denies ever causing the death of Mr Gross. Venturas and Samukange law firm is acting for CAD Venturas and Ms Gross in the court case, while Gill Godlonton and Gerrans are representing Dr Guramatunhu and the clinic.

Dr Guramatunhu states that he was only a consultant at the Greenwood Park Eye Centre and that the clinic was not his correct address of service.

He denied that Phiri was his employee and that he even thought he was a qualified nurse anaesthetist.

"While accepting that the late Horst Gross died during the course of a cataract operation, first defendant denies that he acted improperly or wrongfully in performing the cataract surgery," read the plea.

"First defendant (Dr Guramatunhu) avers that the death of the deceased was solely caused by the negligent and incompetent manner in which third defendant (Phiri) sedated the deceased."

Dr Guramatunhu said Mr Gross was the one who opted for full sedation and personally engaged the services of Phiri.

"First defendant avers that the cataract operation was not inherently dangerous, but routine and required that the patient be given local anaesthetists but the patient opted for full sedation. The patient engaged the services of third defendant (Phiri) and paid him directly a fee of US$400," the papers read.

It is argued that Mr Gross died of heart attack that was caused by an overdose of pre-medication and sedative administered by Mr Phiri during the course of the cataract surgery.

Ms Gross contends that Dr Guramatunhu and Mr Phiri were liable for the death of her husband and that she was claiming US$20 000 as damages for loss of the support she expected from her late husband.

The estate is claiming US$17 023 being funeral and other expenses incurred. CAD Venturas and Ms Gross want the money which amounts to US$37 023 plus interest.

On February 26 2009, the late Mr Gross went to the clinic for routine cataract surgery, which was carried out by Dr Guramatunhu.

It is the plaintiffs' contention that at all material times, Phiri served as a nurse anaesthetist employed by the clinic and Dr Guramatunhu.

During the surgery, Mr Gross died of heart attack allegedly caused by the overdose of the pre-medication and sedative administered by Mr Phiri.

Ms Gross and her late husband's estate argue that Dr Guramatunhu and the clinic were negligent in employing Phiri, "an incompetent and unqualified person" as a nurse anaesthetist.

Dr Guramatunhu, according to the summons, failed to provide adequate supervision and monitoring of Phiri.

Both the clinic and Dr Guramatunhu, according to the court papers, did not provide adequate nursing care during the operation.

Phiri is under fire for allegedly undertaking the work he was "incompetent" to perform.

It is argued that Phiri administered an overdose of pre-medication and sedative without relating it to Mr Gross' age and personal circumstances.

Phiri is alleged to have mistakenly placed the oxygen metre on Mr Gross' thumb during the operation and that he administered incorrect drugs to the deceased.

He is alleged to have failed to monitor Mr Gross' pulse during the surgery and that he could not take the necessary measures to avoid the heart failure.

"By reason of Horst Gross' death, his estate incurred funeral and related expenses in the sum of US$17 023. Second plaintiff (Ms Gross) who received support from the deceased during his lifetime, lost such support," read part of the summons.

"She was at all material times and still is indigent and has no other source of maintenance and support.

"Had the deceased not been killed, he would have been legally obliged to continue supporting second plaintiff and would have been able to do so in the aggregate sum of US$20 000 covering at least five years after the  death."

The parties are yet to attend a pre-trial conference before Justice Hlekani Mwayera at the High Court.