Iithete testified that the issue of elective hysterectomy was raised because of
the plaintiff’s previous history of severe bleeding.
[63] Dorothea Maria Krönke, a witness called by the defence qualified as a
medical doctor in 1985 in Germany. She started to work in Namibia at the
State Hospital from 1987 until 1992. She returned to Germany where she
qualified as a specialist gynaegologist and thereafter returned to Namibia where
she worked at the Central Hospital as well as Katutura State Hospital.
[64] She testified that in 2005 the antenatal clinic was run by sisters and
nurses who were specially trained for antenatal care and that there were
regular group counselling. During the group counseling different forms of
contraception are discussed including sterilisation. When she has a discussion
with a patient who does not understand English she would make use of an
interpreter. The third plaintiff arrived at the hospital on 13 October 2005 at
18h50 when she was in early labour. The plaintiff previously requested a
termination of pregnancy on medical grounds. The plaintiff has previously been
observed by Dr Kheiseb, the Head of the Department. The pregnancy was too
advanced for the termination thereof. The plan was to have an elective
caesarean section and a sterilisation. Her experience was that the maternity
ward at Katutura State Hospital was very busy with around six thousand
deliveries annually. In respect of the antenatal care record of the plaintiff it was
indicated in front of the document: “wants BTL”. The third plaintiff was seen by
Dr Fong the previous evening who still had the hope that she might deliver
normally. The next morning this plan was reviewed and it was decided that she
had to undergo a caesarean section. It was recommended to the plaintiff that a
sterilisation be done simultaneously and that this was discussed with the
plaintiff. She testified that a patient should not be counselled for the first time
while she is in active 32 labour regarding the option of sterilisation. She
testified that in her capacity as a consultant she herself was not involved in
obtaining informed consent from the plaintiff.
[65] Dr Krönke, in response to a statement during cross-examination that
when it comes to sterilisation counselling it must be done on a one-on-one
basis, stated that such sterilisation counselling is being done during group
counselling where all types of contraception are discussed, where each and
every contraception method is presented and this is regarded as sufficient if a
patient understands what has been conveyed to her. Should a patient need
further individual counselling that would be arranged. She testified that there
are simply too many patients at the antenatal care clinic to counsel each and
every one on a one-on-one basis. Dr Krönke, in response to a statement during
cross-examination that the people who attend the group counselling and the
antenatal clinic would be at different levels of education and experience, stated
that at these group counselling sessions the health officials presume that the
patients are at a low educational level (since that was their experience) and