State sued for R800k
Family demands compensation for injured 5-year-old
THE parents of a five-yearold girl who fractured both her arms at the Breidbach Primary school’s playground earlier this year are suing the education and health departments for a combined R800 000 for their child’s pain and suffering.
The parents from Acorn Valley, near King William’s Town want the two departments to pay R400 000 each for the May 19 accident.
The family’s attorney, Gordon Stuart Pope, from Pope Attorney, said while the department of health had asked for more information to investigate the matter, the department of education said “they do not consider such claims unless it goes to court”.
“We are waiting for the outcome of the department of health’s investigation and proceed with summons against the department of education,” said Pope.
According to the father, Roderick Fritz, said he received a call from the school informing him that his daughter, who is Grade R, had fallen from a swing and was taken to the local clinic in Breidbach.
“We rushed to the clinic, which is a few metres from the school. We met our daughter accompanied by a staff member along the way back from the clinic,” said Fritz.
A note from the clinic seen by the Daily Dispatch stated there was no swelling, and she could rotate both her arms.
“We had to carry her home because we could see she was not well at all. When we got home she started crying and was in a lot of pain. When we took off her clothes we saw both her arms were bruised and swollen.
“We rushed her to Grey Hospital, where it was established that both her arms were broken above the elbows. The doctor on duty said it appears she fell from a very high place and landed on her elbows,” said Fritz, who is a police officer in King William’s Town.
Fritz said a few days after the incident they went back to the school to get answers, but were not satisfied with the report from the school. “The principal showed no remorse, instead he told me such things happen.”
Fritz said he proceeded to clinic where he was met by remorseful sister-in-charge.
“Even though she [sister-incharge] apologised, they still misdiagnosed and caused her more pain by flexing and rotating her arms,” said Fritz.
Provincial health spokesman Sizwe Kupelo said Fritz’s case was one of 300 that the department had appointed Smith Tabata Attorneys, who are part of a consortium, to assist in fighting all medico-legal claims.
His education counterpart Malibongwe Mtima said he would rather not comment until the matter was finalised in court.
“All we want is compensation for our daughters’s pain and suffering, because the incident has left her scared, both physically and psyc said Fritz. — flex and the the
DEMANDING JUSTICE: A Breidbach parent is suing the departments of education and health for R400 000 each for negligence. The claim follows an injury to his daughter at the Breidbach Primary school in May