Despite being classified as a high-risk patient due to gestational diabetes and indications that her baby was unusually large, medical staff failed to properly assess her condition and plan for a safe delivery.
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The Limpopo High Court in Polokwane has found the provincial Department of Health liable for medical negligence after a traumatic childbirth left a mother with life-altering injuries and her newborn son with permanent disability.
Acting Judge Burnett ruled that the MEC for Health in Limpopo was responsible for 100% of the damages suffered by both the mother and her child following a botched delivery at Donald Fraser Hospital in May 2018.
The case centred on a woman who attended antenatal care at Tshidimbeni and Tshaulu clinics before being admitted to hospital for delivery. Despite being classified as a high-risk patient due to gestational diabetes and indications that her baby was unusually large, medical staff failed to properly assess her condition and plan for a safe delivery.
Her baby, weighing over 5 kilogram at birth, was delivered vaginally in what the court described as a “difficult” and poorly managed labour. The delivery was complicated by shoulder dystocia - a dangerous condition where the baby’s shoulders become stuck during birth - resulting in the child developing Erb’s palsy, a form of nerve injury that can cause long-term impairment.
The mother suffered catastrophic injuries during the delivery, including a fourth-degree perineal tear - the most severe form of tearing - as well as a fractured pelvis and internal injuries. Evidence before the court revealed that her condition was initially misdiagnosed and improperly treated, significantly worsening her outcome.
She endured weeks of pain and complications, including incontinence and a recto-vaginal fistula, before finally receiving corrective surgery at Polokwane Hospital. Expert testimony described aspects of her post-delivery care as “inhumane,” highlighting that she was left immobilised and untreated for serious injuries for an extended period.
Medical experts for the woman testified that proper monitoring and assessment during pregnancy and labour would have identified the risks posed by the baby’s size. They stated that a caesarean section should have been performed, which would likely have prevented both the mother’s and child’s injuries.
The court found that hospital staff failed on multiple fronts, including not recording critical medical information, not recognising clear risk factors, and not escalating care to a doctor despite the patient’s high-risk status.
Judge Burnett concluded that the medical care provided was substandard and that there was a direct causal link between the negligence of healthcare workers and the injuries suffered.
“The defendant is liable for 100% of the proven or agreed damages,” the court ordered, confirming that the state would bear full responsibility for the consequences of the negligent treatment.
While the court settled the issue of liability, the amount of compensation to be awarded to the mother and her child will be determined at a later stage.