This blog was co-authored with Yuveshen Naidoo, Candidate Attorney
This case is a poignant example of the challenges faced by patients and their families when medical care falls short.
The claimant brought a claim of medical negligence on behalf of her child. The primary issues revolved around allegations of negligence by the medical staff at the hospital during the birth and the subsequent need to establish a causal link between this negligence and the severe injuries sustained by the child, which included cerebral palsy, mental retardation, and epilepsy.
The claimant was admitted to the hospital on 3 March 2019, for a routine delivery. However, her labour was extended for five days, culminating in the birth on 8 March 2019. The claimant contended that the medical staff failed in their duty to properly monitor her labour and the well-being of the foetus, leading to the child’s brain damage.
The claimant’s arguments were compelling as she asserted that the medical staff were negligent in several critical ways namely that they:
1. failed to properly assess and examine her upon admission,
2. inadequately monitored her labour, and
3. did not detect or prevent the onset of chorioamnionitis and other complications.
These failures, she claimed, directly resulted in the child’s severe disabilities.
The defendant argued that the medical staff had acted within the bounds of reasonable medical practice. They maintained that the complications experienced by the child were unfortunate but not preventable outcomes, thus not attributable to negligence.
The court’s analysis pertained to:
1. Whether the medical staff at the hospital met the standard of care expected in such circumstances. This involved a review of medical records, expert testimonies, and the procedures followed during the mother’s labour.
2. Determining whether there was a direct causal link between the alleged negligence and the injuries sustained by the child. This required a detailed examination of medical evidence and expert opinions.
3 Assessing the extent of the damages claimed by the claimant, including the costs of future medical care, loss of earning capacity, and general damages for pain and suffering.
The Court found in favour of the claimant and concluded that:
1 The medical staff at the hospital were indeed negligent in their care.
2 The failure to properly monitor the mother’s labour and detect complications constituted a breach of the standard of care.
3 A clear causal link was established between the negligence and the injuries sustained by the child. The evidence showed that timely and appropriate medical intervention could have prevented or mitigated the severity of the child’s condition.
The court awarded substantial damages to the claimant, including compensation for the child’s future medical treatment, loss of earning capacity, and both special and general damages. The total amount awarded was R28,200,000.
This case once again highlights the critical importance of adhering to the standard of care in medical practice and highlights the severe consequences of failing to do so. The judgment reemphasizes the role of the courts in providing remedies for medical negligence and ensuring that they receive appropriate compensation for their injuries.