A R34.1m damages claim lodged in the Eastern Cape High Court (Bhisho) has added to the Health Department’s legal woes as the province continues to bleed money in pay-outs to negligence victims. A Daily Dispatch report says a child-mother (15) gave birth in 2013 to a cerebral palsy baby after provincial government hospital staff failed to raise the alarm over her small physique, which made a natural birth impossible and warranted a caesarean section procedure.
The delayed birth led to the baby sustaining permanent brain damage and disability. The 2013 matter may be one of the most egregious cases of negligence among the thousands lodged against the provincial Health Department.
The report says as an indication of how frequent these cases have become, on the High Court’s unopposed motion court roll, 24 out of 47 matters involve the MEC or the superintendent-general for health. Most applications are to ensure health officials respond to legal queries relating to outstanding claims.
The latest claim stipulates that the child is permanently disabled, suffers from cerebral palsy, mental retardation, impaired vision and hearing, autism, epilepsy and paralysis. The R34.1m claim includes R19m for future medical expenses, special schooling, specialised equipment and transportation.
It also includes allocations for future loss of earnings, general damages for pain and suffering, loss of amenities of life and psychological trauma, provision of a house that is disability-friendly, and the cost of a trustee.
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