The Western Cape High Court has ruled in favour of a mother (35) in what a Cape Argus report calls a landmark case against the Health MEC, involving medical negligence during childbirth experienced at the Mitchell’s Plain Midwife Obstetric Unit.

The case dates back to December 2010, when the mother accused staff at the unit of mishandling her delivery, particularly the McRoberts manoeuvre, which is used to assist with shoulder dystocia during childbirth.

The mother suffered injuries, and her baby was born with severe neurological complications due to lack of oxygen during delivery.

Acting Judge Rehana Parker found that if the patient was assessed timeously, a Caesarean section could have been performed, which would have prevented the injuries from occurring.

She found the medical team failed to follow established protocols, including the timely transfer of the mother to a more equipped facility, despite known health risks.

The court also pointed to inadequate medical documentation, especially during the critical eight minutes between the delivery of the baby’s head and body.

Parker found that the complainant had proven on a balance of probabilities that the defendant’s employees failed to exercise reasonable skill and care, and that their conduct fell below the standard of a reasonably competent practitioner in their field. 

She ruled that the MEC was liable for the child’s future medical expenses and damages.

The MEC was ordered to compensate the complainant for medical costs and legal fees.

Full Cape Argus report

Judgment