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Mother Finally Gets Day in Court

/Mother Finally Gets Day in Court

Mother Finally Gets Day in Court

Die Burger

Monday 24 March 2014

Leila Samodien–Justice Writer 

Mother Finally Gets Day in Court

The surviving twin was later diagnosed with quadriplegia due to cerebral palsy 

The case of a mother who is suing over alleged negligent  treatment during her pregnancy  and the  birth  of her twins – one  died  and the other was left disabled – is  to be heard in the Western Cape High Court in the  coming  weeks.

It is almost five years since the mother filed the R14.9 million lawsuits.

The  29 year –old  is suing the  office of the  MEC for  Health in the  Western Cape , which is  defending the  action.

According to Court papers, she had a monochorionic and monoamniotic pregnancy, meaning that the twins shared a placenta and an amniotic sac.

She contends  that she  was a  high- risk patient and that  Groote Schuur  Hospital ,  where  she  gave birth  in April  2006,  should have  arranged  for her to  undergo  an elective caesarean section.

More  complications  has  arisen during  labour  and she alleges that  the hospital  staff tried  to  force  the delivery of one  of  the twins  through vacuum extraction  and forceps, resulting  in the  baby’s  death.  She should then have been  taken to theatre  for an emergency  caesarean  section to  preserve  the life  of  the other  baby, as well as  prevent injury, her  papers say.

One of the  twins  was  stillborn  while the other  required  resuscitation  because of  severe hypoxia (oxygen deprivation)  during  labour .

The surviving twin was later diagnosed with quadriplegia due to cerebral palsy. He will never be able to work or look after himself.

The MEC  denies  negligence , saying  in court papers  that although it was queried , it was never confirmed  beyond  doubt  that the mother  was  experiencing a monochorionic  twin pregnancy.

In full appreciation  that she was  a high – risk  patient, repeated  ultrasound examinations  and studies had  been done to ensure  the wellbeing of the foetuses  and to  exclude all  reasonably  foreseeable  complications  of that  type  of twin pregnancy, the MEC’s papers said.

The MEC also defended the use of vacuum extraction and the application of forceps.

In the circumstances, where she had not progressed to the next stage of labour after one hour of being fully dilated, the use of vacuum extraction had been acceptable. No excessive force had been used.

The hearing  of the merits  of the case, which  involves determining  whether the  defendant is liable  for damages, was expected  to begin last month  but was  postponed.

This was  because  advocate Nazreen Bawa, who had been  briefed to act  for the MEC  since the litigation  began and  had prepared  for the matter, was unavailable  as she had  been appointed  as  evidence leader in Khayelitsha  Commission of Inquiry  into the  township.

Attorney Tzvi Brivik, representing the mother, said the matter had been postponed to the next available date, April 30.

2018-11-04T10:53:12+02:00May 21st, 2015|

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