R19m claim for brain-damaged baby

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File photo

Published Feb 4, 2016

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Pretoria - The parents of a boy who suffered severe brain damage when he was born nearly eight years ago, have claimed R19 million in damages from the specialist who delivered him.

Altin Kleinhans was born in May 2008 at a Life Cosmos Hospital in eMalahleni. A lack of oxygen resulted in his being a spastic quadriplegic with cerebral palsy.

According to papers before the high court in Pretoria, he will never recover and will need care around the clock.

The gynaecologist who delivered the baby, identified in court papers as Dr P K S Daya, agreed to pay the parents R2.8 million while denying any negligence in his care. He disputes he was the cause of the child’s condition.

It was made clear in the settlement that the doctor agreed to pay the damages, “without admission of any liability”.

Almijne and Quintin Kleinhans, however, initially blamed the specialist, as well as the hospital staff for the fact that their son suffered brain damage at birth. But the hospital wasn't a party to the settlement.

The couple, who live in Barberton in Mpumalanga, claimed neither the mother nor the unborn child were properly monitored before birth. The mother gave birth naturally and stated that the child was delivered in an “asphyxiated and compromised condition”.

The specialist resuscitated the baby and transferred him to the neonatal intensive care unit.

The parents blamed the specialist for the boy’s condition, saying he did not give proper instructions to the nurses or to the midwife staff. It was also claimed that the foetal well-being of the child was not monitored before his birth.

Both parents said they suffered from trauma and shock due to the knowledge that their child had brain damage.

They said they were also angered and anguished by the “knowledge” that the injury inflicted on the child could have been avoided and he could have been normal.

They also had to sacrifice their careers as they had to constantly take care of the boy.

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Pretoria News

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