Woman claims R10m for her disabled baby

A 27-year-old woman, who lives in temporary housing in Delft, is suing the Western Cape premier for R10,14-million in damages after Tygerberg Hospital staff sent her home and allegedly ignored complications with her pregnancy.

Nokuphiwa Ngqase says she was past her due date, was in pain and there were signs of foetal distress. Her disabled son, Asahluma, will be two in October.

In papers filed at the Cape Town High Court, Ngqase says the premier is in charge of the Department of Health, which is in charge of Tygerberg Hospital.

According to court papers, Ngqase was admitted to Tygerberg Hospital on October 15, 2007 for ante-, peri- and post-natal treatment. She was discharged the next day, but had to return later.

She said it had not been safe for her to be discharged as she had been experiencing complications, including pain and foetal distress. Hospital staff had failed to note the foetal distress, she said. If they did note it, they failed to take action.

Ngqase said the birth should have been induced or her son delivered by Caesarean section, for the wellbeing of the infant and herself.

She said the hospital staff should have treated her as a high-risk patient. She was past her due date and should therefore have been monitored and treated with extra care. Emergency treatment should have been expected in case of any complications, she said.

Ngqase said the hospital did not keep proper records. If it had done so, this would have alerted the staff that emergency treatment was necessary.

As this was not given, Asahluma was asphyxiated because the umbilical cord was wrapped around his neck. He received permanent brain injury and has cerebral palsy. He will not be able to perform simple tasks or participate in physical recreational activities.

He will also not be able to communicate with others.

Asahluma will need a permanent caregiver to assist him with his daily needs, such as eating and going to the toilet.

It is expected he will be confined to a wheelchair for life and will not be able to work.

Ngqase's claim comprises damages for past and future medical expenses, loss of income, and general damages, such as the loss of the pleasures of life, pain, suffering and permanent disability.

Future medical expenses include those for a caregiver, speech therapy, physiotherapy, occupational therapy, alterations to Asahluma's accommodation, a motorised wheelchair, adaptive eating utensils, and insurance for the rest of the boy's life.

The premier has not responded, but has indicated the action will be defended.