Mother sues hospitals for M12,8m

 …over  baby’s cerebral palsy

Moorosi Tsiane

A mother, ‘Maseromo Nthako, has dragged Makoanyane Military Hospital and Queen ‘Mamohato Memorial Hospital to court, demanding M12,8 million in damages over alleged medical negligence which she says left her child with severe developmental complications and cerebral palsy.

Ms Nthako has cited Makoanyane Military Hospital, Queen ‘Mamohato Memorial Hospital, the Principal Secretary of the Ministry of Health, Matsoanelo Monyobi, the Ministry of Health and the Attorney General, Advocate Rapelang Motsieloa, as respondents in the matter.

According to her court papers, Ms Nthako fell pregnant in November 2022 and went to Makoanyane Military Hospital on 9 July 2023 after experiencing pain in her lower abdomen.

She was 36 weeks pregnant when she was admitted at about 10:20am and was examined using a scanner. She was allegedly informed that she was 1,5 centimetres dilated and that the unborn child weighed approximately 2,6 kilogrammes.

Ms Nthako said she was subsequently informed that she would undergo a Caesarean section because of a previous Caesarean scar from the birth of her first child.

She alleged that she was given the labour-inducing drug Cytotec and was transferred to the labour ward at about 1:46pm, where she was attended to by Dr Maphosana, registered nurse Letsoara and anaesthetist Motebang.

According to Ms Nthako, the delivery took approximately two hours and 40 minutes. Although she was under anaesthesia, she said she remained conscious enough to hear what was happening and became concerned when the baby did not cry immediately after birth.

“I was frightened when my child did not cry immediately after birth, but I trusted that the medical team knew what they were doing. At no point was I told that my baby was in danger or that there had been a serious complication during the delivery,” she said.

Ms Nthako said Dr Bulane was called to examine the newborn and discovered that the baby’s blood sugar was low. The child was subsequently referred to Queen ‘Mamohato Memorial Hospital without Ms Nthako, who remained behind at Makoanyane.

She said she only managed to join her child at Queen ‘Mamohato the following day, 10 July, at about noon. Ms Nthako further alleged that when she arrived, she discovered that the child had been transferred without a referral letter setting out the baby’s condition, diagnosis or required treatment. She said the hospital therefore had to conduct its own assessment before determining the appropriate treatment.

While admitted at Queen ‘Mamohato, the child allegedly began experiencing seizures. Ms Nthako said medical personnel told her that the seizures were linked to what had happened during the birth, but she was not given a satisfactory explanation of what had occurred. She and the child remained at Queen ‘Mamohato for about three weeks, with the baby requiring oxygen throughout the admission.

The mother said the child’s development subsequently became markedly delayed. According to her court papers, the child struggled to breastfeed during the first month and had to be fed using a syringe.

By four months, the child allegedly had poor balance, difficulty with muscle coordination and had failed to reach key developmental milestones such as sitting and crawling. At six months, Ms Nthako said, the child continued to experience difficulties with sitting, crawling, sucking and eating, and remained significantly smaller than other children of the same age.

She further alleged that the child developed stiff muscles and exaggerated reflexes associated with spasticity, while speech development was also severely delayed.

Ms Nthako said she repeatedly sought medical opinions to establish the cause of the child’s condition. She said that at Mediclinic Bloemfontein, after the child’s medical booklet was reviewed and the child examined, she was informed that the child had suffered oxygen deprivation at birth, which resulted in brain damage and placed the child at risk of developing cerebral palsy.

“It has been devastating watching my child struggle with things that other children do naturally. I have had to watch my child battle to eat, move, speak and even cope with seizures. As a mother, I cannot simply sit back and accept that this was unavoidable when I believe that proper medical care could have prevented it,” she said.

Ms Nthako alleges that the hospitals’ employees failed to properly assess her and the foetus before delivery and failed to determine whether delivery at that stage was medically appropriate. She further accuses Makoanyane’s medical personnel of failing to adequately monitor her and the foetus, failing to properly assess blood sugar levels, delaying the Caesarean section and failing to provide timely intervention after the child’s birth.

She alleges that more than 30 minutes elapsed while medical personnel waited for Dr Bulane, who eventually diagnosed the newborn with low blood sugar and recommended referral to Queen ‘Mamohato.

Ms Nthako also alleges that Makoanyane failed to provide adequate treatment, monitoring and management of the newborn before referral, and failed to send a referral note explaining the child’s condition to Queen ‘Mamohato. She further holds the respondents responsible for what she describes as a continuing chain of negligent acts and omissions beginning with her admission at Makoanyane, continuing through the delivery and extending to the referral of the child to Queen ‘Mamohato.

Ms Nthako says the child’s condition has imposed a substantial financial burden on her family. She alleges that the child requires nappies, medical supplements, specialised medication, a special caregiver, physiotherapy and mobility equipment, including a wheelchair, standing frames and appropriate neck support.

She also says she has been forced to take time away from work whenever the child requires medical attention or experiences seizures, raising fears that her absenteeism could eventually jeopardise her employment.

Ms Nthako is claiming M12,8 million from the respondents. The claim comprises M2 million in general damages for negligence, M1,5 million for pain and suffering, M1 million for loss of amenities of life, M4 million for past, present and future medical expenses, M4 million for special schooling, feeding and caretaker expenses, and M300,000 for medico-legal reports.

She alleges that despite making a lawful demand, the respondents have failed or refused to settle the matter. Ms Nthako is asking the court to hold the respondents liable for the alleged negligence and to award her the claimed damages.

“This is not only about the money. It is about securing my child’s future. The care that my child needs will not end tomorrow; there will be medical treatment, rehabilitation, specialised equipment and constant care. I am asking the court to ensure that my child is given a chance to live with dignity despite the injuries and disabilities we now have to live with,” she said.

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