Sostenus Wilherm
The High Court of Namibia is set to deliver judgment in a case where a Windhoek family is seeking a combined N$1.35 million in damages from Medi-Clinic Swakopmund (Pty) Ltd and medical practitioner Dr Christoff Coetzee over the death of their wife and mother, Wilhelmina Van Straaten.
The judgment, before Justice Orben Sibeya, is scheduled to be delivered on Thursday at the High Court in Windhoek, bringing the family closer to a possible resolution in a matter that has remained before the courts for years.
The claim stems from the death of Van Straaten on 12 July 2018 after she was admitted to Medi-Clinic Swakopmund’s emergency centre following a recent knee arthroscopy.
According to court documents, Van Straaten had undergone the procedure two weeks before her admission and arrived at the emergency centre experiencing severe vomiting, dizziness, shortness of breath, chest pain, distress and excessive sweating.
Her family alleges that although she was showing signs of a serious medical emergency, the necessary intervention was delayed, resulting in her death approximately two hours after she was admitted.
Her husband Jacob Francois Van Straaten and daughters Susara and Marie-Louis Van Straaten are each claiming N$450 000 for the emotional suffering, trauma, anxiety, grief and loss of companionship they say they endured following her death.
The family alleges that Medi-Clinic Swakopmund and Coetzee failed to provide the level of care expected from an emergency medical facility and a qualified medical practitioner.
It is indicated that Medi-Clinic held itself out as an emergency medical centre equipped and staffed to handle medical emergencies, while Coetzee was engaged as the medical practitioner on call.
The court papers indicate that nursing staff repeatedly contacted Coetzee to inform him about Van Straaten’s deteriorating condition and to request urgent medical assistance.
However, the family alleges that Coetzee failed to arrive timeously and did not arrange for another doctor to attend to Van Straaten when he could not respond immediately.
The family further allege that Coetzee was in Arandis at the time but failed to inform the nursing staff that he was not near Swakopmund and would not be able to reach the facility within the required timeframe.
They claim that he instead provided treatment advice over the telephone without personally examining Van Straaten and without ensuring that the recommended treatment was sufficient for the emergency.
According to the family, Van Straaten eventually died because of a pulmonary embolism and/or severe cardiac failure.
The plaintiffs argue that had the defendants acted with the required skill, care and urgency expected in such circumstances, Van Straaten would have survived.
The death left her family dealing with what they describe as significant emotional trauma.
Her husband claims to have suffered psychological shock, stress, grief and the loss of companionship of his spouse, while her daughters similarly claim the loss of their mother’s support and companionship.
The family is asking the court to order Medi-Clinic Swakopmund and Coetzee to jointly and severally pay the claimed damages, meaning either party may be held responsible for the full amount if the claim succeeds.
They are also seeking interest on the claimed amounts at 20 percent per annum from the date of judgment until payment, as well as legal costs.
Coetzee’s response and the court’s findings will determine whether the allegations of negligence are upheld.
For the Van Straaten family, the judgment represents the outcome of a lengthy legal process seeking accountability for the loss of a wife and mother whose final moments were spent in an emergency facility where they believe she should have received immediate medical attention.
