An Eastern Cape mother has accused staff at Butterworth Hospital of not taking the necessary care when she was in labour in 2004, and is suing the provincial health MEC for R12-million.
Phumla Dumezweni is suing the state on behalf of her son, Mesuli, who was born with brain damage on June 30 2004.
In court papers, Dumezweni says hospital staff had a legal obligation to care for her and her unborn child.
She has accused staff of breaching their duty and being negligent after her admission to hospital on June 30 and the hours of labour that followed.
“As a result of the prolonged labour and failure to perform a caesarian section to deliver Mesuli, he was diagnosed as suffering from cerebral palsy, due to asphyxia during the labour or delivery,” Dumezweni claimed in the documents.
“ failed to take all reasonably required steps to ensure proper, timeous and professional assessment of patients and monitoring labour and assisting in the birth process.
“They failed to detect that Mesuli was in foetal distress and to ensure that an emergency caesarian section was performed without delay,” she claimed.
As a result, her son suffered brain damage, mental retardation and epilepsy, Dumezweni claimed
He now needs specialised schooling, special adaptive aids and therapy.
She is suing for estimated future medical expenses, future loss of earnings, loss of earning capacity, disfigurement, and general damages for pain and suffering, to the tune of R12803250.
In response, the state admits that Dumezweni was admitted to the hospital but denies that her labour indicated the need for a caesarian section.
“ has no knowledge of Mesuli’s diagnosis for cerebral palsy due to birth asphyxia,” part of the response reads.
While the law prescribes that cases must be instituted within three years of occurrence, it does not apply to children.
East London-based attorney Ayanda Gwabeni said: “The prescription does not run against minor children.
“In a case like this, the prescription would start to count once he was a major.” — siyab@dispatch.co.za
Mother sues hospital for 2004 birth
Phumla Dumezweni is suing the state on behalf of her son, Mesuli, who was born with brain damage on June 30 2004.
In court papers, Dumezweni says hospital staff had a legal obligation to care for her and her unborn child.
She has accused staff of breaching their duty and being negligent after her admission to hospital on June 30 and the hours of labour that followed.
“As a result of the prolonged labour and failure to perform a caesarian section to deliver Mesuli, he was diagnosed as suffering from cerebral palsy, due to asphyxia during the labour or delivery,” Dumezweni claimed in the documents.
“ failed to take all reasonably required steps to ensure proper, timeous and professional assessment of patients and monitoring labour and assisting in the birth process.
“They failed to detect that Mesuli was in foetal distress and to ensure that an emergency caesarian section was performed without delay,” she claimed.
As a result, her son suffered brain damage, mental retardation and epilepsy, Dumezweni claimed
He now needs specialised schooling, special adaptive aids and therapy.
She is suing for estimated future medical expenses, future loss of earnings, loss of earning capacity, disfigurement, and general damages for pain and suffering, to the tune of R12803250.
In response, the state admits that Dumezweni was admitted to the hospital but denies that her labour indicated the need for a caesarian section.
“ has no knowledge of Mesuli’s diagnosis for cerebral palsy due to birth asphyxia,” part of the response reads.
While the law prescribes that cases must be instituted within three years of occurrence, it does not apply to children.
East London-based attorney Ayanda Gwabeni said: “The prescription does not run against minor children.
“In a case like this, the prescription would start to count once he was a major.” — siyab@dispatch.co.za
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