Durban - It has been a year since Zuhaira Mahommed, three, died after falling off the bed at RK Khan Hospital because of alleged medical negligence – and her family is still awaiting justice.
To add to their woes, they were disappointed by Durban law firm Theasan Pillay and Associates, who approached the Sunday Tribune wanting to help Zuhaira’s parents, Rahima and Ekrum Mahommed, get legal recourse pro bono.
After they allegedly signed a pro bono agreement, the firm requested R500 to obtain medical records and R2 500 to proceed with the case in August.
Zuhaira was admitted to the hospital in April last year after complaining of headaches. She was checked for meningitis and was kept for observation. The next morning, her parents were instructed to leave the ward while it was being cleaned and this is when Zuhaira fell. Her mother was called into the ward and told that she should pick her child up. The Mohammeds claimed Zuhaira’s health deteriorated rapidly after the fall.
She was taken for a CT scan, put on life support and died shortly afterwards.
“We do not know who to trust any more. It has been a year and we have received no help or feedback from the Department of Health, the police or the attorneys,” said Rahima Mahommed.
The family, who did not have the money to pay for legal fees, said they were hopeful and grateful when they were approached by the attorneys, but their hopes were dashed when they realised their money was taken and they were never going to receive the help they were promised.
“The agreement we signed said nothing about us having to pay money but it said that should we win the case, a percentage of that money will go to the attorneys. It gets harder for us each day because we know that our child could still be alive had it not been for the negligence of the hospital but there is no other way for us to get help,” said Mahommed.
Theasen Pillay of the law firm said they withdrew their mandate from the case in January. However, the family was only informed of this after the Sunday Tribune made enquiries. He said the merits of the case changed and therefore he had decided not to proceed.