Durban - Hillcrest parents, Vanessa and Tim Burn, are still fighting for justice regarding the death of their 13-year-old son after doctors allegedly botched treatment for a twisted ankle in a Durban hospital.
Tristen died in the arms of his father at RK Khan Hospital in Chatsworth on May 24, 2012, after his parents first took him to St Mary’s Hospital in Mariannhill with a foot injury.
He died three days later after a nightmare of failures and misdiagnoses at the hands of allegedly “apathetic and callous” staff.
Hospital staff allegedly botched treatment for his twisted ankle and pumped him with tuberculosis (TB) drugs, according to his parents.
And now, his parents say nothing has yet materialised regarding a police inquest or the hospitals’ and the KZN Department of Health’s promised investigations.
A Health Professions Council of SA (HPCSA) investigation has still not been finalised.
“We are still no closer to justice, let alone closure,” Tim Burn said.
According to a private pathologist’s report, Tristen died of septic shock and multiple organ failure from staphylococcal septicaemia, a treatable condition if managed in time.
Dr Steven Naidoo, who conducted the autopsy, told Independent Newspapers at the time that Tristen did not have TB.
“I believe the cause of death was a complication of a too-tight plaster cast placed around the injured limb.”
Burn said an X-ray taken at St Mary’s Hospital revealed a hairline crack in one of his foot bones.
“He needed plaster of Paris.”
After a night at home in pain, Tristen went back to St Mary’s where his foot was again X-rayed, but the doctor said there was no problem. However, upon Vanessa’s insistence staff removed the cast.
“When they pulled it off there was a red line where the cast had cut into his leg,” she said.
Hospital staff allegedly replaced the cast and sent him home but the parents said they later learnt that if his circulation had been checked, “compartment syndrome” could have been diagnosed and treated.
But he went back to St Mary’s again the next day and was diagnosed with TB and his condition deteriorated before he was transferred to RK Khan Hospital where he died.
Burn said attorneys, CP van Zyl Inc, who had accepted their case pro bono, had advised that it was likely the doctors’ insurance would settle the matter out of court.
“A year later we were given a court date of May in 2015.”
But then the attorneys withdrew “for reasons I still don’t fully understand”, he said.
Burn said he felt let down by the health and justice systems.
“Our son is gone and we have no choice, but to accept it. However, if his death can bring about awareness of the terrible conditions and service and possibly save lives, then his death wasn’t in vain.”
Marshana van Zyl, of CP van Zyl Attorneys, declined to comment, saying she did not want to jeopardise the new attorney’s strategic planning, but that “we believe very strongly” in the merits of the claim.
Vanessa said at the time that the Health Department on behalf of RK Khan Hospital and St Mary’s Hospital had promised to investigate.
She said Durban attorney, Jeremy Diedricks, had recently stepped in to assist. Diedricks said there were a few avenues that could be pursued, “including civil action for the recovery of any damages and there is a compliance issue with the health body to see if there was any misconduct”.
KZN Department of Health spokesman, Sam Mkhwanazi, said: “Due to the fact that you say there are legal processes under way in respect of this matter, including an inquest, the KwaZulu-Natal Department of Health is unable to comment at this stage.”
St Mary’s Hospital chief executive, Frank Sullivan, said the investigation was “still pending” and the hospital had been contacted by the HPCSA.
HPCSA spokeswoman, Mpho Mahlangu, said: “We can confirm that a disciplinary inquiry will be held against all five practitioners charged with misconduct,” she said.
SAPS spokesman, Major Thulani Zwane, said an inquest docket had been opened.
- Daily News