specifically with sterilisation he testified that at that stage they never had it at
the hospital and that the consent form singed by the plaintiff was the standard
form they used for all procedures. He agreed that under normal circumstances
it is highly undesirable to use acronyms on consent forms but the
circumstances under which people work at State Hospitals are not normal e.g.
a doctor would see 50 to 90 patients a day. In respect of the acronyms he
testified that they are used in the health passport because it is for fellow health
workers to read and understand. He further testified that because of their
workload and shortage of personnel “most of the things what we talk to our
patients … we do not write down”. He testified that he had no independent
recollection of the plaintiff given the large number of patients he dealt with and
because of the effluction of time, and gave his evidence only with reference to
his notes. He conceded during cross-examination that even though the use of
acronyms on hospital records, like health passports, may be primarily for the
benefit of health officials, the use of acronyms on consent forms is highly
undesirable even more so in the case of an invasive procedure such as a
sterilisation. The witness conceded that nothing appears in the health passport
of the plaintiff to suggest that the sterilisation procedure had been canvassed.
[36] Victorina Uuso Angula a registered nurse and midwife who worked in the
maternity ward for over 18 years prepared the plaintiff and signed as a witness
on the consent form. She confirmed the plaintiff was informed of the reason
why the plaintiff had to undergo a caesarean section and testified that it was at
that stage that the plaintiff said 19 she wanted to be sterilised after the doctor
had explained it to her. She testified that she herself had also explained the
contents of the consent form to the plaintiff. She conceded that her notes did
not record this explanation and that it was a mistake made, and that due to
the urgency of the operation did not complete fully the medical record of the
plaintiff.
[37] It is clear from the evidence of both Dr Mavetera and nurse Angula that
they assumed that the plaintiff knew what sterilisation was and that she
understood the consequences because she had attended antenatal classes
where they also assumed plaintiff was informed of all aspects concerning
sterilisation.
[38] It was submitted by Mr Smuts who appeared on behalf of the plaintiffs,
that this assumption relied on was plainly for the purpose of dispensing with
the need for a proper explanation of the procedure and its risks and
alternatives to it.
[39] Dr Mavetera conceded during cross-examination that he should rather
have advised the plaintiff to come back for sterilisation after 6 weeks. He stated
that that is what they would normally do but couldn’t recall whether it was
done in this case. Nurse Angula’s response to the same question was that a