A mother who sought R28.2m in damages after her son suffered severe brain damage resulting in cerebral palsy has lost her legal battle against the Eastern Cape Department of Health.

This after the SCA found, in a majority judgment, that the injury was caused by an infection that developed before labour.

The infant suffered the injury around the time of his birth at Dora Nginza Provincial Hospital in Gqeberha, reports IoL.

His mother claimed that negligent treatment by hospital staff during her prolonged labour caused or contributed to the injury.

Writing for the majority, Judge Kathree-Setiloane found that the objective medical evidence supported the conclusion that the injury had occurred before the onset of labour.

The majority found the evidence of the doctors to be logically reasoned and supported by the available medical records and academic research.

By contrast, the majority found shortcomings in the evidence of the experts relied upon by the mother, particularly their failure to adequately address the significance of the placental findings.

The court concluded that, on a balance of probabilities, the child’s cerebral palsy was caused by an injury sustained before labour.

However, the judgment was not unanimous.

Judge JA Mocumie supported by Acting Judge AJA Chili, said that they would have allowed the appeal and held the Eastern Cape MEC for Health liable for the negligence of hospital employees.

Mocumie said she would also have sent the matter back to the High Court for a determination of the damages payable.

Full IoL report

Judgment