Palsied boy: R36m claim against hospital

DURBAN: THE mother of a cerebral palsied boy who turned six earlier this month will begin a legal battle in the Pietermaritzburg High Court this morning as she attempts to claim almost R36 million from the provincial MEC for Health for hospital staff negligence.

Ntombenhle Mkhize, of Newcastle, gave birth to Thabiso Thwala after being in labour for three days. It took a doctor 15 minutes to resuscitate him and he was left severely mentally and physically handicapped.

In her claim before the court, Mkhize alleges her son’s condition is due to the negligence of the staff at both the Utrecht Clinic and the Mdadeni hospital that she was transferred to.

Mkhize – who was pregnant for the first time and has had no further children – went to the clinic on August 12, 2009 and was diagnosed on admission as being “post mature” (overdue) and in the early stages of labour. She was admitted to the labour ward where she remained for two days. An examination revealed that she was in the “prolonged, latent phase of the first stage of labour”.

She was transferred to the labour ward where Thabiso was born four hours later.

Mhkize, through her lawyers, alleges that staff at both the clinic and the hospital disregarded the fact that she was overdue by more than three weeks. She believes she should have been given a Caesarean Section.

“They failed to see that the foetus was in distress and unnecessary prolonged labour. There was also no qualified paediatrician in attendance,” she alleges.

As a result, Thabiso will remain totally dependent on others for the rest of his life, requiring constant therapy, specialised medical equipment and adaptations to his living environment and fulltime care either at home or in a specialised institution.

A break-down of her claim details, among others, are R30m for future medical expenses, R400 000 for building an adapted home, R2m for loss of earnings, and R2.5m for pain and suffering.

The MEC has opposed the claim and, unless there is a change of heart this morning, the trial is expected to run for five days to hear expert evidence from medical professionals about his future needs and care and an actuary who will testify about Thabiso’s life expectancy.

In the pleadings before court, the MEC denies there was any negligence, saying Mkhize received “medical and nursing care as is usually practised by physicians”.