Doctor settles, but mother seeks R23m from hospital
Vosloorus mother Edith Nombulelo has claimed R23m from a private hospital after her son was born in June 2005 with severe brain damage. A Pretoria News report says the brain damage resulted in cerebral palsy, allegedly caused by the delay in assisting her when the foetus was in distress.
It was said that the doctor who was to perform the delivery only arrived at the hospital an hour after he was alerted to her condition. Another 25 minutes was spent searching for the keys of the locked operating theatre. The doctor wanted to deliver the baby via Caesarean section because the baby was large, but the mother eventually gave birth naturally.
Nombulelo blamed the hospital and the doctor for her child being born with brain damage.
She instituted the damages claim in the Gauteng High Court (Pretoria). The hospital, however, denied liability or wrongdoing.
While the claim against the hospital group is ongoing, the doctor who attended the delivery has settled his part of the claim.
In the settlement agreement – made in an order of the court by Judge Dawie Fourie – the doctor acknowledged that he was indebted to the mother and offered to pay her R1.5m in damages. He will pay her R200 000 within 10 days, and thereafter instalments of R150 000 from 1 March.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
