The Western Cape High Court has ruled in favour of a mother in a medical negligence case against Health MEC Mireille Wenger, linked to a child’s birth at Mitchell’s Plain Midwife Obstetric Unit back in 2010.
The mother accused the staff of mishandling her delivery, particularly the McRoberts manoeuvre – used to assist with shoulder dystocia during childbirth, reports Cape Argus.
Not only was the mother injured, but her baby was born with severe neurological complications due to lack of oxygen during the birthing process.
Judge Rehana Park found that if the patient had been assessed timeously, a Caesarean section could have been performed and the injuries would have thus been avoided and prevented.
She said the medical team failed to follow established protocols, including the timely transfer of the mother to a more equipped facility, despite known health risks (mild anaemia and obesity).
The court also pointed to inadequate medical documentation, especially during the critical eight minutes between the delivery of the baby’s head and body.
One of the nurses, who testified on behalf of the complainant, explained that it was anticipated the nurses would generate a comprehensive and exhaustive report after the delivery.
But in the available records, the only record of shoulder dystocia was in a very brief report written before transfer to the Mowbray Maternity Hospital.
Experts testified that the baby suffered from seizures due to oxygen deprivation. In her final ruling, Judge Parker found the complainant had proven on a balance of probabilities that the defendant’s employees failed to exercise reasonable skill and care, and that their conduct fell below the standard of a reasonably competent practitioner in their field.
She ruled that the MEC was liable for the child’s future medical expenses and damages, and had to compensate the complainant for medical costs and legal fees.
Cape Argus PressReader article – Court upholds mom’s claim of medical negligence (Open access)
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