Mother compensated for baby's death after hospital ordeal
A mother whose baby died two days after he was born following negligent medical treatment by hospital staff will be paid nearly R300 000 as compensation for her pain, suffering, loss of earnings and medical expenses, says a TimesLIVE report. The Eastern Cape High Court (Grahamstown) ordered provincial MEC for Health, Helen August-Sauls, to pay the mother R276 000.
After a lengthy hospital ordeal, Zoleka Siwayi’s son was born with a fractured skull.
The infant’s head and body were swollen.
He died two days later.
Obstetricians representing the Eastern Cape MEC and Siwayi filed a joint minute to the court in which they agreed that the staff had been negligent for trying to force a vaginal birth when a cesarean section had been advised.
They also agreed that the three-hour delay had been negligent. Doctors told the court that Siwayi began ‘eating excessively, was unable to sleep, experienced severe sadness, and became socially withdrawn...’ and could not cope after the burial of the baby.
Judge Thembikile Malusi ruled the lasting trauma, unresolved mourning and debilitating consequences of the experience had contributed to her depression and post-traumatic stress.
The costs order made provision for loss of earnings, future medical expenses and general damages or pain and suffering.
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