Six moms sue MECs for negligence

File picture: Marvin Gentry

File picture: Marvin Gentry

Published Nov 18, 2015

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Durban - Six medical negligence claims against the MECs for health and social development, totalling more than R76 million, came before the Pietermaritzburg High Court on Tuesday.

The claims, arising from 2006 to 2011 cases, were similar in nature and the Health and Social Development departments had been cited because both controlled and operated the health-care facilities the women had gone to, to give birth, according to court papers.

In five of the claims, the mothers had endured several days of labour in circumstances in which a Caesarean section was needed.

The procedures were eventually performed too late, or the mothers gave birth naturally when the Caesareans ought to have been performed.

As a result, the babies suffered from cerebral palsy, mental retardation and epilepsy due to a lack of oxygen during labour. Each mother was suing the department for R12.8 million.

Two of the women had given birth at Charles Johnson Memorial Hospital in Nqutu; one at the Gunjaneni Clinic, Hlabisa; another at the Rietvlei Hospital, near Umzimkhulu; and one at the Kwadabeka Community Health Centre Hospital, in Clermont.

In the last claim, the mother, from Port Shepstone, attended the Murchison Hospital to give birth. She visited the hospital for check-ups from February to May 2010 and was treated and examined by nursing and medical staff.

On her first visit, she was diagnosed as being anaemic and, on the last visit, of having high blood pressure.

On May 20, she was admitted to the hospital to give birth. While in labour, she was not given oxygen or medication to decrease the intensity of her contractions while being prepared for a C-section.

Her blood pressure had also not been properly monitored. As a result, the child suffered brain damage. The woman was suing for R12.2 million.

In all of the cases, the child’s medical conditions were allegedly caused as a result of medical negligence by hospital staff. The claims were for estimated future, hospital, medical and related expenses; future loss of earnings and employment; and pain and suffering.

All the matters were adjourned for more papers to be filed.

It had been reported last month that medical negligence claims in the province had rocketed in the past eight years. There was more than R5 billion in pending claims and the number of cases had risen from 50 in 2008 (more than R3 million in claims), to more than 350 this year.

The article said that, according to a confidential document, the highest number of claims came from obstetrics and gynaecology, with the second-highest number from paediatrics.

A Health Department senior official quoted in the report said fewer doctors wanted to train for specialities such as obstetrics and gynaecology as they were considered “high risk” for malpractice claims.

“A lot of claims have to do with the quality of care, attitudes and unavailability of medicines and when it comes to children people will not back down,” said the source.

The Mercury

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