The Limpopo Department of Health has been held liable for medical negligence after a traumatic childbirth nine years ago left a mother with life-altering injuries and her newborn son with permanent disability, reports IOL.
Acting Judge Burnett ruled that the Health MEC was responsible for 100% of the damages suffered by both the mother and her child at Donald Fraser Hospital in May 2018.
The woman had attended antenatal care at Tshidimbeni and Tshaulu clinics before being admitted to hospital for delivery. Despite being classified as high-risk due to gestational diabetes and indications that her baby was unusually large, staff failed to properly assess her condition and plan for a safe delivery.
Her baby, weighing more than 5kg at birth, was delivered vaginally in what the court described as a “difficult” and poorly managed labour – complicated by shoulder dystocia, a dangerous condition where the infant’s shoulders become stuck during birth and resulting in him developing Erb’s palsy, a form of nerve injury that can cause long-term impairment.
The mother also experienced catastrophic injuries during the delivery, including a fourth-degree perineal tear as well as a fractured pelvis and internal injuries.
Court evidence revealed that her condition was initially misdiagnosed and improperly treated, significantly worsening her outcome.
She endured weeks of pain and complications, including incontinence and a recto-vaginal fistula, before finally receiving corrective surgery at Polokwane Hospital. Expert testimony described aspects of her post-delivery care as “inhumane”, highlighting that she was left immobilised and untreated for serious injuries for an extended period.
Medical experts for the woman testified that proper monitoring and assessment during pregnancy and labour would have identified the risks posed by the baby’s size, and that a Caesarean section should have been performed, which would have prevented both the mother’s and child’s injuries.
Hospital staff failed on multiple fronts, including not recording critical medical information, not recognising clear risk factors, and not escalating care to a doctor despite the patient’s high-risk status, found the courts.
The judge concluded that the medical care was substandard and that there was a direct causal link between the negligence of staff and the injuries suffered.
While the court settled the issue of liability, the amount of compensation to be awarded to the mother and her child will be determined at a later stage.
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