A Mitchells Plain vrou has won a case in court against the Western Cape Health Department (WCDH) after her baby was severely injured during birth at the local Midwife Obstetric Unit (MOU).
The Western Cape High Court found in favour of the mother in the landmark ruling against the MEC for Health, Mireille Wenger, involving medical negligence during childbirth experienced at Mitchells Plain MOU.
The case dates back to December 2010, when a 35-year-old widow accused staff at the MOU of mishandling her delivery, particularly the McRoberts manoeuvre, which is used to assist with shoulder dystocia during childbirth.
Shoulder dystocia is when, after vaginal delivery of the head, the baby's shoulder gets caught above the mother's pubic bone.
The Plain mom suffered injuries, and her baby was born with severe neurological complications due to lack of oxygen during delivery.
The baby suffered from Erbs Palsy (arm weakness) and brachial plexus damage to the nerves that send signals from the spine to the shoulder, arm or hand.
Judge Rehana Park found that if the pregnant woman was assessed timeously, a caesarean section could have been performed, which would have prevented the injuries from occurring.
She found that the medical team failed to follow established protocols, including the timely transfer of the mother to a better-equipped facility despite known health risks. The mother suffered from mild anaemia and was obese.
The court also pointed to inadequate medical documentation, especially during the critical eight minutes between the delivery of the baby's head and body.
One of the nurses who testified on behalf of the mother explained that nurses were expected to write a comprehensive and exhaustive report after a delivery.
However, in the available records, the only record of shoulder dystocia was found in a very brief report written after the delivery and before transfer to the Mowbray Maternity Hospital.
Experts, including paediatricians, testified that the baby suffered from seizures due to oxygen deprivation.
The WCDH, however, said the mother’s witness was less qualified to provide commentary than their witness, who testified that she had no independent recollection of this specific case.
In her final ruling, Judge Parker found that the mother had proven on a balance of probabilities that the department’s employees failed to exercise reasonable skill and care.
She added that their conduct fell below the standard of a reasonably competent practitioner in their field and that their negligence caused injury to the baby.
Parker ruled that the WCDH was liable for the child's future medical expenses and damages.
The department was ordered to pay the mother’s medical costs and legal fees.
Spokesperson for the WCDH, Dwayne Evans, said the department acknowledges the judgement: “We are currently reviewing the details of the judgement and will consider the necessary steps forward.”