R560 000 for scarred child
THE parents of a child who was permanently scarred on his forehead and face after a drip was negligently inserted 14 years ago will receive R560 000 in damages from two doctors who treated him at the time.
The child, identified only as L in the Gauteng High Court, Pretoria, judgment, was 3 weeks old when his parents took him to the hospital in Limpopo. He was admitted on June 17, 2004, on an initial diagnosis of anaemia.
The child’s condition deteriorated and he was eventually diagnosed with tuberculosis and HIV.
A drip incorrectly inserted in the left temporal area of his forehead became septic and resulted in skin necrosis. The doctors admitted 100% liability for the damages.
Reconstructive surgeons told the court that one scar was 15cm x 12cm long and reached from slightly above the child’s eye to his forehead. They described the scar as “cosmetically unsightly and disfiguring”.
One of the experts said “surgical revision will improve the appearance of the scars, but the patient will remain disfigured as a result of his injuries”.
The court was also told that L would feel self-conscious, his clothing choices would be limited and environmental circumstances, such as harsh sunlight, could be uncomfortable for him. Thus, the expert said, his scars should be considered permanent disfigurement.
Acting Judge JJ Strijdom said it was difficult to know whether these scars would influence the child’s earning capacity one day. He awarded the parents R450 000 in general damages and R110 000 towards future reconstructive surgery.