Negligence admitted in blind baby case

THE KwaZulu-Natal Department of Health has accepted liability in a medical negligence suit concerning the permanent loss of sight of a child, born prematurely, who was treated at Port Shepstone Regional and Inkosi Albert Luthuli Hospitals.

This was one of three medical negligence cases against the health department heard in the Pietermaritzburg High Court this week – and many others are pending, According to a parliamentary reply to questions raised by the Democratic Alliance, the health department is facing almost R1-billion worth of medical negligence law suits for the 2012/13 financial year. Of these, 108 claims totalling R800 million are within the maternal health sector.

Port Shepstone Regional Hospital faces seven negligence claims, totalling R47,3-million, and Murchison Hospital faces six claims, totalling R50,6-million. Prince Mshiyeni hospital is facing the largest number of claims with 16, for an amount of R100-million. This is closely followed by the province’s ‘flagship’ hospital, Addington, which has 15 cases totalling R40 million pending against it. The hospital facing the second highest amount in claims is King Edward VIII, with R60 million being claimed in 10 lawsuits.

Mahatma Gandhi and Madadeni Hospitals each face eight suits. Like Port Shepstone, Northdale and Edendale face seven. Greys Hospital faces five suits and several other hospitals face less than five. The KwaZulu-Natal Department of Health has pointed out that it could not provide details of the claims as they were sub judice and that the amount claimed did not translate to the amount that would be paid out.

“The DA is appalled by these figures. The sheer volume of claims raises serious concerns over the quality of medical care on offer to patients who are completely reliant on state health care. The scale of the problem also points to a major failure in terms of medical supervision,” said the DA KwaZulu-Natal spokesman on health, Makhosazana Mdlalose.

The mother of the permanently blind child, who was born in September 2006, is asking the court to award her R15,5-million in damages. The court heard that after his birth, the child was transferred between Port Shepstone Regional and Inkosi Albert Luthuli Hospitals on various occasions. It is claimed that the staff at both these hospitals failed to monitor him adequately for a condition known as Retinopathy of Prematurity.

It is alleged that his oxygen levels were not properly monitored and that his mother was not advised to return to the hospital for regular eye check-ups. The amount that will be awarded in this case is still to be decided.

The health department has accepted liability in another of the three cases heard this week. This matter concerned a car crash victim who had died from complications following the anaesthetic administered to him at Northdale Hospital. In the third case, which has been postponed, a mother claimed her son had suffered brain damage due to the medication he had received at a clinic.

Ms Mdlalose has called on health MEC Dr Sibongiseni Dhlomo to give this matter his urgent attention and to launch an urgent investigation into those hospitals that had been ‘red-flagged’.

It was unacceptable that the number of claims against the health department was escalating year after year, she added. In May 2013, the DA had expressed concern over the number of claims against the health department, which had ballooned from R600-million in 2011/12 to the current figure.