Mom gets R1.24m for hospital negligence
Durban - The mother of a six-year-old boy who was unable to use his left arm because staff at the Newcastle provincial hospital were negligent when he was born, was elated on Monday when she heard the provincial Health Department would have to pay damages amounting to R1.24 million.
The department was given until November 18 to make payment, in terms of an order granted in the Pietermaritzburg High Court. It would also have to pay the woman’s legal fees.
Her attorney, Sergie Brimiah, commented on his client’s behalf, saying she was not accessible and wanted to keep a low profile.
He said he had instituted action against the department three years ago.
“We are glad that this matter has not dragged on for too long… the department has not wasted the court’s time,” he said.
Initially the department defended the matter, but it later conceded liability.
Brimiah added that it was a tragedy that a little child had been afflicted with this serious disability.
“All the money in the world will not allow the child to live like other little children his age. However, the compensation will make life a little bit easier for the child and for his family.”
He said that the mother was happy the case was over and had considered the amount awarded to be fair. The child would now get the treatment he required.
According to court papers, the mother was admitted to the hospital to give birth on January 23, 2007. A gynaecologist attended to her, assisted by nursing staff.
“They failed to ensure that the child was successfully delivered without complications,” said the papers.
The department employees had also failed to adopt alternative ways to deliver the child, other than through natural birth, and failed to deliver the child without causing brachial plexus palsy (when the nerves that control the muscles of the arm have been damaged).
This was caused because they had attempted to deliver the child without first ensuring that his shoulders were released from the birth passage.
The boy was unable to use his left arm and would require further hospital treatment and medical attention.
The papers said he had and would suffer pain and discomfort, a loss of the amenities of life, permanent disfigurement as well as the loss of earning capacity.
Last week, the department conceded liability in another case involving a nine-year-old boy who became blind, because of the negligence of staff at two Durban hospitals.
The Chatsworth parent was claiming R11.5m in damages. However, the case was adjourned for the amount to be determined. The child had been treated at both hospitals as a premature baby.
While he was receiving mechanical ventilation, his blood oxygen saturation levels were not measured properly and the oxygen concentration he was given was not lowered. This caused severe damage to his eyes, making him blind.
The department’s spokesman, Sam Mkhwanazi, could not be reached for comment.
The Mercury