done, what the risks are involved, what the consequences of the procedure
would be, the possibility of a reversal, would not have form part of the
discussion with the patient 24
Third Plaintiff
[47] The third plaintiff was born on 10 October 1964. She is not married
has six children from eight pregnancies. She reached standard 5 at school.
has three children with her current partner, a married man, with whom
has had a relationship since 1990. The plaintiff was diagnosed with the
virus in the year 2002.
and
She
she
HIV
[48] On 10 March 2005 when she was about three months pregnant she was
experiencing severe pain to the extent that she felt like she was going to die as
a result of the pregnancy. She was unable to walk and had to be carried by her
partner to the car and thereafter had to be wheeled into the hospital on a
stretcher.
[49] She testified that she requested that the pregnancy be terminated
(“removed”) because she feared that she was going to die. It is not clear what
she meant by the removal of the pregnancy because she also testified that her
“intention was not really for the child to be removed from my stomach, only for
that to be rectified by the doctors”.
[50] She was examined by more than one doctor and was also taken for a
sonar. She testified that the conversation that took place between the health
professionals amongst themselves and at some point between the health
professionals and her partner was conducted in English which she could not
understand. Her partner eventually told her, pointing to the sonar, that the
doctors said that the baby is too big, that they cannot terminate the pregnancy,
and that she had to come for treatment.
[51] In a referral note written by Dr Ithete on 10 March 2005 it was stated that
plaintiff, 40 years old, requested a termination of her pregnancy on medical
grounds. 25
[52] The plaintiff testified that she attended the antenatal care clinic on 4 May
2005. In respect of an inscription “elective c/s + BTL” plaintiff stated that it
was not discussed with her and that she did not consent to it. On 12 October
2005 contractions started, and she took a tablet called Neverapine, as
instructed, and went to Katutura State Hospital where she was examined by a
nurse who wrote something in her passport. She was in pain. She was
informed to go somewhere and walk but was unable to do so because of severe
pain. The nurse later returned with a doctor who examined her. After the
doctor left a nurse returned with a paper in her hand and told her to write. The