MEC concedes in birth defect case

29/11/2007 ***Sunday Tribune*** National Health Minister Manto Tshabalala Msimang visited Prince Mshiyeni Hospital after five babies died of klebsiella at the hospital. PICTURE: SANDILE NDLOVU

29/11/2007 ***Sunday Tribune*** National Health Minister Manto Tshabalala Msimang visited Prince Mshiyeni Hospital after five babies died of klebsiella at the hospital. PICTURE: SANDILE NDLOVU

Published Feb 12, 2015

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Durban -

A Verulam woman who was left unattended for two days at Prince Mshiyeni Hospital when she was in labour 16 years ago is claiming R7.6 million from the health MEC because her child suffers from quadriplegic cerebral palsy as a result of the neglect.

On Wednesday the MEC finally conceded 100% liability for the proven damages, which would be determined in the Pietermaritzburg High Court later in the year.

The department has also been ordered to pay the costs of expert witnesses.

The trial was meant to start on Wednesday to determine liability, but the State indicated this week that it would settle.

While it had saved money because the trial would not run its course, it could have saved more had it settled earlier.

Memoria Mdletshe’s attorney, Justice Ramsamy, said his firm only became involved in the matter in 2012.

Expert witnesses, such as a gynaecologist and radiologist, had cleared their diaries to testify in the trial and although it would not take place, they still had to be paid.

Advocates instructed had to be paid for their preparatory work.

“Had it been settled weeks before, it would have saved the State about R150 000,” he said, adding that the witnesses would have been informed beforehand and could have accepted patient appointments.

Ramsamy added that Mdletshe was pleased she did not have to go through a long trial.

However, she and her daughter, Noluthando, still had to wait for the amount to be determined.

Health Department spokesman, Sam Mkhwanazi, could not be reached for comment on why liability was settled at the 11th hour.

Mdletshe was admitted to the hospital on February 27, 1999, when she was in labour, according to the claim.

On that day, and the next, she was not examined by a medical practitioner to determine whether a caesarean section should be performed.

Noluthando was born on February 29.

The claim said that as a result of the mother’s prolonged labour and failure of hospital staff members to perform an emergency caesarean to deliver the child timeously, the newborn suffered damage to her brain.

The MEC had failed to ensure that at least one medical practitioner was in attendance at the hospital.

Staff also failed to assess and examine the mother on admission, monitor her labour and the foetal well-being and note that she had developed complications during her labour.

Noluthando, now 16, required various therapies, special adaptive aids and devices, and permanent and continuous care.

Mdletshe experienced severe psychological or psychiatric shock and trauma as a result of the mental anguish, distress and difficulties in accepting a child with disabilities, said the claim.

She was claiming in her personal and representative capacities, R1.5 million for her daughter’s loss of earning capacity, R5m for medical expenses, R1m general damages and R100 000 for herself for general damages she suffered.

Meanwhile, in December, Gauteng high court Acting Judge Ronee Robinson ordered two State lawyers and a doctor to pay from their own pockets half the bill for the legal costs of a birth defect case.

She said that no one was in a position to fully consider the merits of the case because no-one studied the ante-natal and labour records.

The judge also said no one had been able to explain why the matter had been defended or why the officials believed they had a case “when one searches in vain for the reasons for these conclusions” because medical records were not produced.

The Mercury

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