An Eastern Cape mother is suing the provincial Health Department for more than R1m after her baby was swopped at birth at Isilimela Hospital in Port St Johns last year.
The Daily Dispatch reports that the woman wants MEC Ntandokazi Capa to pay her for general damages and future medical and related expenses, but the department is preparing to challenge the claim.
The mother – who was given the wrong baby by the hospital staff in August – is claiming R800 000 for general damages and R500 000 for future medical expenses for psychotherapy due to the trauma of the ordeal.
When she was handed the baby on discharge from the hospital, court papers show she had told the staff that the infant was not hers.
“The … staff insisted she was wrong and forced her to leave the hospital with the child … and did so without investigating the plaintiff’s concerns,” the court papers state.
In February, a DNA test was conducted by the department and the hospital after the mother requested it. The results, released on 11 March, revealed that the child was not hers.
A week later, her baby was returned to her.
“The conduct of the medical and nursing staff constitutes a breach of the legal duty which rested on the defendant (MEC) and employees …” the papers state.
“(The mother experienced) psychological shock and trauma and will continue to experience such … in future because of the mental anguish and distress.”
Provincial Health spokesperson Siyanda Manana said the department would defend the claim.
“It is regrettable the family took on this route. The department did make available services to support the family, which is still welcome to receive psychosocial support.”
See more from MedicalBrief archives:
Health Department sued after twins swopped at birth
Gauteng Health stalls R5m claim over alleged baby swop
Cape Town hospital baby switch discovered 14 years later
Baby-swop mother has to attach 400 Gauteng Health desks and chairs