which the first plaintiff could not have given informed consent in the sense
referred to by the authorities (supra).
[70] Dr Kimberg testified that one of the factors which should be taken into
account in reaching informed consent is for a patient to be aware of and be
able to evaluate alternative options available after having been duly informed of
such alternatives. In this regard it would appear to me that where sterilisation,
as one of the methods of contraception, is considered the patient should be
informed of advantages and disadvantages of alternative contraception
methods. This in my view would enable such a patient to truly make an
informed decision. In respect of the second plaintiff Dr Gurirab who testified
that he would have explained what a caesarean section was to the second
plaintiff including the advantages and disadvantages, conceded that such
explanation was not reflected in the ante-natal care record. He also conceded
during cross-examination that there was no inscription on the passport that
alternatives to sterilisation had been explained to the second plaintiff. It should
in my view be accepted (as testified by Dr Gurirab) that he did not raise the
issue of sterilisation with the second plaintiff. In view of an inscription on the
medical record of the plaintiff it is likely that the 36 doctor who performed the
caesarean on the plaintiff, raised the issue of sterilisation with the plaintiff.
Nurse Ndjala who testified that she would have explained to the plaintiff that
plaintiff was to be sterilised significantly testified that the consent was given by
the plaintiff while she was in labour. She also assumed that the plaintiff
wanted to be sterilised in view of an inscription on the ante-natal care record
and that it was not necessary to counsel her again. Nurse Ndjala also
significantly testified that she would have given the explanation to the plaintiff
during intervals when there were no contractions. She also admitted that the
instruction which was given to her on 9 December 2007 by the doctor,
according to the notes recorded on the maternity record, was to prepare the
plaintiff for a caesarean section only, there being no reference to a sterilisation.
This was another example of consent being obtained from the plaintiff by a
health official professional under circumstances where the patient was in the
height of labour. Dr de Klerk conceded that the inscription on the ante-natal
record made by herself would not necessarily be read as an accepted option by
the plaintiff. Dr de Klerk also accepted that the fact that the plaintiff may have
opted for sterilisation as a family planning method cannot be relied on for
purposes of claiming that plaintiff had given her informed consent to the
sterilisation procedure. Dr de Klerk when asked if she had been the surgeon
performing the sterilisation procedure would she have been satisfied if a
patient signed a consent form at their discussion, stated that she would not
have been satisfied
[71] Ms Schimming-Chase submitted that the second plaintiff’s version was
unreliable since she had contradicted herself and that the testimony was not in
line with various inscriptions on her health passport and differ markedly from