Doctor and hospital admit liability for baby Vidhart
R32m NEGLIGENCE LAWSUIT TAKES A SURPRISE TURN
A DURBAN couple were looking forward to becoming parents for the first time in 2005.
But their dreams were shattered after their son was born at the Umhlanga Hospital with the umbilical cord around his neck. The repercussions were severe. Baby Vidhart Maharaj encountered serious breathing difficulties, suffered permanent brain damage, and was stricken with acute cerebral palsy.
Feeling cheated of bringing up a healthy son, Vidhart’s parents Reshika Maharaj, 37, and her husband Gamen, 40, started a law suit last year against gynaecologist Dr Rajesh Bhanpersad Mahabir and Netcare Hospitals (Pty) Ltd for R32 million.
The medical negligence lawsuit had a surprising twist in the Durban High Court last week.
After initially refusing to take responsibility and claiming that the three-year window period to sue had lapsed in 2008, Mahabir and Netcare Hospitals (Pty) Ltd which runs Umhlanga Hospital, conceded liability.
This means that Reshika and her husband, represented by attorney Joseph’s Incorporated, do not have to wait for the trial, which was set for next week, to run its course.
Now the court has only to rule on the compensation figure at a date yet to be determined.
Reshika had to quit her job as a service centre operator because her son needed full-time care. She said she and Gamen, a machine technician, were relieved that Mahabir and Netcare Hospitals had conceded liability.
“Our lives were turned upside down after I gave birth in 2005. We live a simple life. I was left with no choice but to quit my job because of Vidhart’s condition and needs.
“Gamen and I plucked up the courage last year to sue for damages. We were not familiar with the three-year window period to sue. It is a relief to know that we won the first leg of our long battle for justice.
“Our attorney Mervyn Joseph has been a tower of strength. He told us not to give up,’’ said Reshika.
According to court papers, R20 million has been claimed for the specialised medical treatment which Vidhart requires.
The court heard that Vidhart would require constant physiotherapy, occupational therapy, mobility equipment, communication devices, full-time and permanent caregivers to care for him, and specialised schooling.
The projected figure for his loss of earnings is R5m. This takes into account that the permanent brain damage caused through negligence deprived him of the chance to enter mainstream schooling, followed by tertiary education and a career.
In court documents Maharaj’s counsel said Mahabir and Umhlanga Hospital had breached the oral agreement they had with the couple.
“Mahabir failed to monitor the foetal heart rate. He failed to note that the foetus was in distress. He did not administer the appropriate treatment to the unborn foetus and mother.
“Mahabir failed to diagnose that the foetus was small for gestational age prior to Maharaj’s admission to Umhlanga Hospital. Mahabir did not assess Maharaj and the unborn foetus properly.
“The gel which he instructed the nurses in the maternity ward to administer was excessive. He failed to perform a caesarean section. Mahabir did not arrange for a paediatrician to be in the ward.’’
The nurses at the maternity ward at Umhlanga Hospital also came under fire for not acting decisively after Vidhart was born with the umbilical cord around his neck.
POST was unable to obtain comment from Mahabir yesterday (Tuesday). His receptionist said he was very busy.
Attorney Altus van Rensburg, acting for Mahabir, confirmed that a settlement was reached. He said the terms of the settlement were confidential.
The Maharajs are taking on a private hospital. But the situation in public hopsitals is no better.
Recently, it was revealed that the KwaZulu-Natal Department of Health has been sued for more than R1 billion in more than 35 medical negligence lawsuits.
That emerged in a response by KZN Health MEC, Dr Sibongiseni Dhlomo, to questions raised by the Democratic Alliance.
At least R800 million involves gynaecologists employed by the State at King Edward VIII Hospital, Addington Hospital, and Prince Mshiyeni Hospital.
In a recent lawsuit Abigail Pillay, 28, sued Mahatma Gandhi and the KZN Department of Health for R2,5 million.
She claimed in June that nurses sent her home with her dead baby in her womb.
An induced delivery process was performed at McCord’s Hospital in July.