Couple awarded R860 000 for baby

THE LIMPOPO MEC for health will have to pay a family more than R860 000 after a woman fell pregnant within a year of a doctor tying her fallopian tubes.

Daniel and Henrietta Mowela said in papers before the high court in Pretoria that the doctor never told them there was a chance that they could conceive another child. Nor were they warned to use alternative methods of contraception as a precaution.

Henrietta was admitted to St Rita’s Hospital in Limpopo on June 27, 2007 in an advanced stage of pregnancy. She was scheduled to deliver by caesarean section and asked the doctor to simultaneously tie her fallopian tubes so that she would not fall pregnant again.

According to court papers, the doctor told the woman after the operation that the procedure had been done.

She thought she could not fall pregnant again, and did not question the doctor. She said the doctor also did not advise them that an alternative was for her husband to have a vasectomy.

They did not take any further precautions and Henrietta fell pregnant a year later and gave birth to a son.

The couple said that due to the negligence of the doctor in not giving them a full explanation, they have to incur additional costs to maintain their youngest son.

They claimed R10 million for the legal obligation of maintaining their child until the age of 21, when he is supposed to become self-sufficient.

The mother claimed a further R300 000 in damages for the pain and suffering following her unexpected pregnancy and the birth.

Although the MEC agreed to settle the matter yesterday, the doctor at first denied any negligence. He said he performed the procedure with skill and blamed the couple for falling pregnant again as they did not use contraceptives.

The MEC agreed to pay the couple R769 756 for the maintenance of their youngest son and R100 000 to the woman for pain and suffering.