Hospital staff slammed for birth misfortunes but mom loses appeal

Pretoria – A mother whose child is suffering from cerebral palsy due to complications shortly before birth is blaming the Gauteng MEC for Health for her misfortunes.

She says had hospital staff promptly performed a Caesarean section, things might have turned out differently.

But at the time, the operating theatre was occupied with what doctors said were more pressing matters. At least two other mothers were giving birth that afternoon by way of Caesarean section, one after the other.

The mother, instituting her claim for medical negligence, said Charlotte Maxeke Johannesburg Academic Hospital, to which she was admitted, should have at least had another theatre ready for Caesarean sections.

She said the doctors should have prioritised the cases that were lined up to use the theatre, and it should have been found that her case was a medical emergency.

The high court in Johannesburg earlier agreed with the mother and ordered that the medical staff were negligent and the Health MEC was liable to pay her damages.

The high court said if the hospital did not have a facility available to deal with the medical emergency, the mother should have been transferred to another hospital.

The judge said it was common cause that there were other hospitals near Charlotte Maxeke Johannesburg Academic Hospital, one being Chris Hani Baragwanath Hospital.

The MEC took the matter to the Supreme Court of Appeal, where the appeal was upheld by three of the five judges, and the mother lost out on her claim.

In the minority judgment, written by Judge Aubrey Ledwaba, it was felt that the medical staff should have prioritised the more serious cases as there was only one operating theatre.

The mother, only referred to as Ms TM, gave birth to her daughter, now nearly 11, in August 2010 by Caesarean section. The child suffered permanent brain injury.

The mother, who was 25 when she gave birth, said all went well before the birth and the nurses told her the baby was growing well.

While counsel for the mother argued the MEC was negligent in not ensuring two theatres were operating at the time, the argument was countered by the medical officials who said due to budgetary constraints, it was not possible to cater for the salaries of extra medical staff and a second theatre.

The two judges who found in favour of the mother said a doctor should also have constantly monitored her condition.

However, three Supreme Court judges said that while all agreed the C-section should have been done earlier, none of the medical experts could say for certain when the brain damage to the child had occurred.

Pretoria News