Durban - The parents of a 5-year-old boy who was physically, mentally and emotionally impaired would finally be able to give him the best care possible after being awarded R12.9m in damages by the Pietermaritzburg High Court on Monday in a medical negligence case.
The child’s relieved father said he “praised God”.
“It was hectic for us. We thank God for everything,” said the Northdale man, who is not being named to protect the identity of the child.
He added he was glad the case was finally over and the child’s future care was secured.
His attorney Michael Friedman, of Friedman & Associates, said they had pushed hard for the case to be heard. Merits were conceded about 18 months ago.
He said the award was fair.
“For five years we had to finance all the expenses, such as therapies, caregivers, wheelchairs etc.”
According to court papers, the woman was admitted to Grey’s Hospital on March 8, 2010, where she was diagnosed, at 39 weeks, as suffering from a medical condition that puts both mother and baby at risk.
Normal practice would be to regard the case as high risk, “meaning close supervision by a medical doctor and to resort to a Caesarean section delivery in the event of the worsening of the critical clinical situation”, said the papers.
The woman was referred to the antenatal clinic at the hospital for further management and treatment.
During labour, she was negligently managed. A Caesarean section was not performed when required and there was no back-up for labour emergencies. As a result, the baby was delivered suffering from asphyxia neonatorum.
He was oxygen deficient during delivery and/or immediately after delivery, which had caused brain damage.
The child suffered from cerebral palsy with poor muscle tone, involuntary movement, an inability to sit, crawl or walk, an inability to speak and stiffness of the lower and upper limb muscles.
The claim added that the child would require future hospital and medical treatment and devices that were reasonably necessary for a person with this condition.
He was unlikely to be gainfully employed and would suffer a loss of earnings and earning capacity.
Doctor Das Pillay said in a medical report that the woman’s husband had observed that during labour there were no doctors present, but the nurses had apparently forced the baby out by “pulling and pressing the head”.
The baby was not breathing at birth, and three minutes after the birth, a paediatrician arrived. The baby needed to be resuscitated and was placed in the neonatal intensive care unit.
He was then ventilated and remained in the unit for a week before being transferred to Northdale Hospital for observation and weight gain. He was discharged after two weeks.
Pillay said the delay in the child’s birth led to his detrimental state of health.
“Had there been optimum and timeous obstetric and paediatric care, this damage could have been averted and there is a high probability that he would have been able to enjoy a normal quality of life, attaining his educational and vocational potential.”
The Mercury