Gynaecologist Dr Danie van der Walt’s appeal was finalized and dismissed recently.
The Gauteng High Court has confirmed the conviction and sentence of five years direct imprisonment for Van der Walt who caused the death of a woman in labour through negligence.
The Health Professions Council of SA had ordered Van der Walt to pay a R10 000 admission of guilt fine.
Ms Monica Nyuswa, regional communications officer from the National Prosecuting Authority said Dr Van der Walt will bring an application to have his bail extended pending his further appeal to the Supreme Court of Appeal.
“A date of the application is awaited. He must file an application for leave to appeal at the Supreme Court of Appeal. Once he has done this and received his application, we will oppose it,” she said.
Van der Walt’s court case covered headlines in 2017.
When witnesses and specialists were called to the witness box a shocking turn of events told what happened when 22-year-old Pamela Noni Daweti went into labour with her first born in August 2005.
The doctor’s negligence was captured in an investigation report by chief gynaecologist Dr Mokete Titus.
Titus’s report said that Daweti endured a 14-hour labour and excessive bleeding after delivering her baby while Van der Walt was away and he gave instructions to nurses over the phone.
“Dr Van der Walt applied a vacuum extractor unsuccessfully followed by the ill-advised use of forceps,” Titus said.
He explained that Daweti suffered a third-degree perineal tear, which was repaired under anaesthetic in the delivery room.
This was substandard as this tear must be repaired in the operating theatre under general anaesthesia.
Ms Buyiselwa Maditjana, Daweti’s mother broke down when she testified about their ordeal that had changed their lives forever.
She said during their last visit to the doctor on August 8, the doctor said the family could prepare for August 15 and he mentioned that the baby’s head was in the right position and suggested a caesarean, but the expectant mother wanted a natural birth.
Maditjane further testified that Dr Van der Walt then changed the due date to August 11 and said he was going to induce Daweti.
She said Daweti however insisted in giving birth naturally. She was admitted at 18:00.
“At 20:00 Pamela was about five centimetres dilated and I was assured that both Pam and the baby were doing well, and that she was going to deliver naturally. Just after we were given that feedback, Dr Van der Walt came in,” Maditjane said.
She told the court that she was shocked by the way the doctor delivered her granddaughter at about 23:30.
“The doctor came in and threw his jacket on the floor. The nurses had to pick up his jacket up from the floor. He wanted to do a caesarean,” Maditjane testified.
“At 22:40 Pamela was already nine centimetres dilated and we were told she would deliver naturally. The doctor came back at approximately 23:00 and said to Pamela ‘You want a natural baby; I will give you a natural baby’. He then put his hand in Pamela’s vagina and pushed it very rough in all directions…”
Maditjane then explained how Dr Van der Walt used suction cups and forceps to pull the baby out,
“He took the right hand forceps and started digging in a very rough manner.”
When Daweti started vomiting after the delivery, Maditjane got concerned and called her pastor to come and pray. She claimed the doctor did not listen to her pleas to help Daweti after she vomited.
After the long night she went home to freshen up, only to be called at 06:00 to be told Pamela had died.
Pamela never had the opportunity to hold her baby Lisakanya, to breastfeed her, watch her take her first steps and see what a beautiful young girl she has turned into.
Maditjana however will always make sure that her daughter’s memory will never be forgotten and as she looks at Lisakanya she is reminded of the fateful day when her daughter died only hours after giving birth to her first baby.
