A mother and her 10-year-old son who suffered brain damage when he was born at Addington Hospital in Durban will receive a pay-out from the government, after the KZN |premier and the MEC for health conceded liability in the Pietermaritzburg High Court yesterday.
The case was heard by Judge Achmat Jappie.
Lulama Nxumalo is claiming almost R16 million in damages for herself and her child, Buhle. The amount she will be paid is still to be finalised.
The boy suffers from cerebral palsy and, according to court papers, is a “spastic quadriplegic”. He is unable |to speak or communicate and is blind.
As a result of his condition, he will never be able to care for himself or work.
According to the particulars of the claim, when Nxumalo was admitted to the hospital in December 2002, the facility agreed to care for her.
The hospital breached its duty of care because staff failed to take cognisance of her complaints of pain which flagged she was experiencing problems with the delivery.
They also failed to properly record the progress of her labour and failed to react to the complications that arose.
Nxumalo required a Caesarean-section, which she asked for but which was not immediately performed on her. The nurses also failed to detect that the umbilical cord was wrapped around the baby’s neck. This caused baby Buhle to suffer from asphyxia.
Also, qualified doctors were not present to deliver the baby, despite the mother having |complications.
The resuscitation trolley was not properly stocked, resulting in the newborn not receiving optimal resuscitation. This was detrimental to his health and exacerbated the impairment of his brain.
