Health MEC must pay for staff negligence

Pietermaritzburg - The Health MEC in KZN will have to make an interim payment of R193 932 to an Umbumbulu mother whose child was born brain-damaged arising from staff negligence at a provincial hospital.

Last year, the health department conceded liability for damages arising from the birth of the severely mentally and physically handicapped baby girl at Durban’s Prince Mshiyeni Hospital.

In terms of a court order granted by the Pietermaritzburg High Court on Tuesday, the MEC must make the interim payment to the mother of the baby, Busisiwe Mngoma (on behalf of her daughter, Sbongakonke Asanda Mngoma, who was born on August 4, 2012) for past medical expenses and caregiver costs.

Mngoma has sued the health authorities for R19 986 818, but the amount she will receive will be determined at a future hearing.

Mngoma’s claim is based on the fact that medical staff at Prince Mshiyeni Hospital were negligent by unnecessarily prolonging her labour, failing to monitor the condition of the foetus and the mother during labour, failing to timeously establish the baby was at risk, and failing to expedite the birth.

The court papers also state that staff did not resuscitate the baby timeously after birth, failed to admit her immediately to the neonatal intensive care unit, and also failed to provide the mother and child with proper medical care and treatment.

As a result, the baby was born with brain damage.

She is blind and will remain totally dependent on others for all her daily requirements for the rest of her life.