Cerebral palsy-type claims continue to drain the national Department of Health coffers, comprising nearly half of all medico-legal claims, and with the department having forked out R23.6bn in these cases countrywide over the past four years.
In the Western Cape, 270 claims worth R501m have been paid (and R34m for legal costs), reports Cape Argus.
In one ongoing case, a mother is asking the provincial Health Department and MEC for more than R38m in damages, claiming staff at Tygerberg Hospital were allegedly negligent during her daughter’s birth.
This caused the child’s cerebral palsy, which has had an extensive impact on their their lives, said Nolitha Kamana of Khayelitsha, who is fighting for damages for both herself and her child, born on 11 September 2008 by Caesarean section.
She is claiming damages for loss of income for herself and for her daughter’s lifelong medical condition, care and therapy, saying hospital staff were negligent in their midwifery treatment, supervision and care.
Dwayne Evans, for the provincial Health Department and MEC's Office, said they were legally bound not to comment on the matter, but were aware of the case.
In the case against the Minister and the hospital, they had failed to recognise the signs and symptoms of abruptio placentae (the early separation of a placenta from the lining of the uterus before the completion of the second stage of labour), to monitor the foetal heart rate continuously or monitor uterine contractions, and to recognise the signs of foetal distress, according to the mother.
The staff also failed to arrange for urgent medical and specialist medical advice or to carry out or arrange immediate intervention via intrauterine resuscitation, and as a result, the baby had suffered cerebral palsy associated with developmental delay, and suffers from focal epileptic seizures today.
For the suffering of the mother and guardian of of the child, and for past medical costs, they are asking R200 000, and for loss of income, R1 586 100.
The total cost for damages is set in two parts for both plaintiffs, including physiotherapy, speech therapy, occupational therapy, an adapted vehicle, the modification of their home and loss of income of R23 656.600 and R14 750 000, totalling more than R38 406 600.
When she was admitted to the hospital on 11 September 2008, Kamana had suffered a spontaneous rupture of her membrane, and blood-stained fluid was draining from her body.
“At 9pm it was noted that there were no contractions, and an hour later the abdomen became hard, tender and bleeding,” the court papers read.
“The foetal heart heart rate was noted at 109 beats per minute and face mask oxygen was started.”
A doctor was called to perform an artificial rupture of membranes and to clear liquid that was draining.
Vaginal blood clots were noted and a diagnosis of a possible abruptio placentae was observed and an emergency Caesarean section scheduled.
The baby weighed 3 480g at birth, had Apgar scores of 2.4 and 6, and was cyanotic, with a weak pulse.
A few months later, she had a focal brain seizure and was diagnosed with hypoxic ischaemic encephalopathy. An ECG showed major cortical injury. She was subsequently diagnosed with intellectual impairment.
Cape Argus PressReader article – Mom sues WC Health for R38m damages (Open access)
See more from MedicalBrief archives:
15 years after birth, Western Cape Health found culpable of negligent perinatal care
Cerebral palsy causality: A quick fix to reduce medical negligence payouts
SA Law Reform Commission outlines sweeping medical negligence changes