Health pays for disabled daughter

2015-02-12 00:00

SIXTEEN years after an Inanda woman gave birth to her daughter, who is disabled due to negligence by staff at Prince Mshiyeni hospital, the KZN MEC for Health has agreed to pay her damages.

Memoria Mdletshe’s daughter, ­­­Nolu­th­ando, was born with cerebral palsy and is a quadriplegic after suffering brain damage at birth.

According to court papers, Mdletshe was admitted to Prince Mshiyeni Hospital in labour on February 27, 1999, but she was not seen by a doctor either on that day or the next, before she finally gave birth.

According to court papers, staff at the hospital failed to monitor Mdletshe or pick up complications in her labour, and failed to perform an emergency caesarean section when it was called for.

Lawyers for Mdletshe and her daughter have filed a damages claim on their behalf in the Pietermaritzburg high court for R7,6 million.

The Health Department had initially opposed the damages claim, but when the matter came before court yesterday, the KZN MEC for Health agreed to pay 100% of whatever damages are ultimately proved or agreed on in future ­proceedings.

No date for the trial relating to the issue of amount has been set down as yet.

According to the court papers, ­Nolu­thando requires various types of therapy, special adaptive aids and devices, and permanent and continuous care.

Her mother is also claiming personal damages of R100 000 for severe ­psychological and psychiatric shock and trauma as a result of the mental anguish she suffered and difficulty in accepting a child with disabilities such as ­Noluthando suffered.

The total claim includes an amount calculated for future hospital and medical expenses, loss of earning capacity by Noluthando and general damages.

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