A Gauteng High Court judge has lambasted a Limpopo hospital after its negligence resulted in the birth of a child – now 12 – with cerebral palsy, saying a public health system should “recognise the dignity and rights of those who are compelled to use its facilities”.
“It is that basic sensitivity that the Constitution demands,” said Judge Colleen Collis.
Pretoria News reports that the child’s mother had turned to the Gauteng High Court after her ordeal, claiming millions of rands from the Limpopo Health authorities.
The court ruled in her favour that if the staff at WF Knobel Hospital had not been negligent during her pregnancy, the baby’s brain damage could have been prevented.
It was found that the mother received substandard care: she’d had an uncomplicated pregnancy, yet left the hospital with a baby girl who will never be able to care for herself.
Collis said poverty and a lack of literacy abound in this country, but because “masses of our people attend public health facilities, their lack of sophistication and the vulnerability accompanying poverty are factors that cannot be ignored”.
“They are entitled to be treated in the same way as patients who can afford private medical assistance… and should be fully informed and as involved as possible in their own treatment.”
The judge said this did not require a drain on public resources.
“This case is not about the availability of material resources. It is about a doctor communicating adequately with a patient.”
The health authorities did not call any witnesses to testify, although they did oppose the claim.
The mother testified that on 11 April 2012, her membranes ruptured when she was at her full term of pregnancy.
She was taken to hospital but told by nurses that based on her cervical dilatation, she was still far from delivering the baby.
She was examined hours later and because her blood pressure was high, was given medication.
She was then given food, but vomited before losing consciousness.
When she awoke the next day she was told she had given birth.
A medical expert told the court that on detection of the high blood pressure, she ought to have been monitored closely – every 20 to 30 minutes. Instead, she was left for hours.
Her condition deteriorated and she developed seizures. The court was told that the mother’s condition posed a risk to the placenta. In addition, impaired placental function increases the risk of the development of hypoxia in the foetus.
An expert witness said that if the birth had been properly managed, the harm to which the foetus was exposed should have been recognised and timeously reacted upon.
While the staff said they followed the maternity guidelines, the judge said these were just guidelines, and did not take away the responsibility of the nurses to call for help when it is needed.
She said all experts agreed that the nursing staff should have taken appropriate emergency steps to diagnose foetal compromise timeously. Had such steps been taken, the injury to the child could have been prevented.
The amount of damages will be determined at a later stage.
Pretoria News article – Nursing negligence will cost millions (Open access)
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