Cape Town - Eastern Cape Health MEC Nomakhosazana Meth is being held liable for the negligence of hospital staff at Frere Hospital after a baby was injured during birth.
The Eastern Cape High Court (Bisho) found it was the negligence of medical staff who did not follow the correct procedures which led to the infant’s arm injuries.
Judge John Smith held the MEC liable for damages and the legal costs of the mother on behalf of her minor child.
Judge Smith ruled: “There is also little doubt that the medical staff’s negligence was the cause of (the child’s) brachial plexus injury. The hospital staff were negligent in failing to assess whether the plaintiff... had risk factors for shoulder dystocia. Had that been done timeously, a caesarean section could have been performed, which would have prevented the injuries from occurring.
“Once the plaintiff had presented with shoulder dystocia, the hospital staff ought to have applied the procedures prescribed in the protocol. The failure to apply those procedures, and in particular the application of fundal pressure as opposed to suprapubic pressure, has served to worsen the situation and had probably caused (the child’s) brachial plexus injury.”
The matter dates back to an incident at the hospital in 2012 when the infant suffered a brachial plexus injury as a result of shoulder dystocia, meaning that one or both his shoulders got stuck inside the pelvis.
“She was admitted to the Frere Hospital at 7am on December 6, 2012, after waking up with abdominal pains earlier that morning. Despite pushing to the best of her ability, the baby did not come out and doctors and nurses came to her assistance. At some point the baby’s head had come out but not the rest of the body.”
“One of the medical staff assisted her by pressing on the top part of her abdomen, while others were holding her legs up. Another member of the medical staff then inserted her hand into her vagina and pulled the baby out.
The baby was thereafter taken to the nursery and she only saw him the following day. She was told by the nursing staff that he had a right shoulder injury that occurred during delivery,” court papers read.
Despite physiotherapy, the child never recovered. He is still unable to use his right arm. It is very weak and his mother has to assist him with ablutions and other functions. His right arm is also considerably shorter than the left and the right hand is smaller than the left hand.
An obstetrician who testified as an expert witness said that the mother presented with various risk factors for shoulder dystocia, which were not taken into account by the medical staff during delivery.
Risk factors included the fact that the mother had previously given birth to two large babies, had gestational diabetes, was overweight and presented with glycosuria.
According to the witness, the fundal pressure by a member of the hospital staff “worsened the situation as pressure from above jams the impacted shoulder against the pubic symphysis”. Her legs were also positioned incorrectly.
The amount to be paid to the mother and child will be determined at a later date.
Meth did not respond to requests for comment by deadline.
Cape Times