Woman defies court order for medical exam

A woman has refused to comply with a court order for a medical examination to determine the extent of damage caused to her womb by part of a needle reportedly left behind after surgery.The court order was made after Else Tsuxus dragged the health ministry to court, seeking N$13 million in damages after undergoing surgery at Katutura Intermediate Hospital for severe abdominal pain and excessive menstrual bleeding caused by uterine fibroids back in February 2016. She filed the lawsuit in the Windhoek High Court in March 2023, with Judge Eileen Rakow presiding.According to Tsuxus, medical staff told her a piece of a needle broke off during surgery and was left in her uterus. She said the surgeon explained to her that the needle lodged in her uterus could not be removed immediately after the operation, but medical staff assured her that it would not affect her and that she would soon be able to return to her active lifestyle and conceive without complications.However, she has been unable to conceive without risking her life and the baby's, can no longer lift objects easily, is unfit for employment and experiences daily abdominal pain, relying on painkillers for relief, Tsuxus said.Court orderAccording to the court order, Tsuxus was meant to undergo the examination on 10 October, with the health ministry filing a notice for another examination on 4 November when she missed the first appointment. The medical exam is set to be performed by Dr David Emvula in Katutura hospital’s gynaecology ward. "The [ministry] requests an investigation by Dr Emvula to perform an X-ray assessment of Tsuxus' uterus to determine whether the tip of the needle is still in her womb. Furthermore, if she has medical problems, the assessment will also determine the source or origin of such problems. The assessment will also ascertain whether diagnosis of her issues can be attributed to the tip of the needle and how it affects her various domains of life and the associated treatment costs, prognosis and whether corrective surgery can be performed," the court order read.The purpose of the medical exam is to ensure that both parties have access to accurate medical information related to the lawsuit, Rakow said earlier this month.Lack of qualificationsHowever, Tsuxus did not comply with the court order, and through her lawyer Gaenor Michaels justified her decision, citing the absence of the doctor's medical qualifications.“The [ministry has] not provided [Tsuxus] with the qualifications or curriculum vitae of Dr Emvula, which will enable [her] to ascertain the area of his expertise,” court documents read.According to Michaels, the ministry did not provide sufficient information about Dr Emvula for Tsuxus to confirm that he does not have an interest in the case. She added that, despite a request, the ministry has also not indicated that Tsuxus will be provided with a copy of the full medical examination and report from the doctor once the examination is complete. “The defendants’ Rule 33 (2) does not have a remittance accompanying it, wherein [Tsuxus] can determine whether the amount tendered by the [ministry] is sufficient to cover her reasonable expenses for submitting herself to the medical examination,” the lawyer further noted.

Woman defies court order for medical exam

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Namibian Sun 2025-10-28

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Woman defies court order for medical exam

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Namibian Sun 2025-10-28

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