MORE MULTI-MILLION MEDICAL MISTAKES IN GAUTENG

The courts have ruled against the Gauteng Health Department in two more medical negligence cases that could see about R20 million damages payouts.

On 1 November the South Gauteng High Court  ordered the Gauteng Premier and Health MEC to pay damages to 6 year old Kutloano Makgomarela who was born with cerebral palsy because of negligence at the Tembisa Hospital in December 2005.

His mother, Itumeleng Makgomarela, was admitted to the hospital in early labour on 8 Dec 2005.  The following morning at 11h00, she was induced with Prostin pills, which quicken the delivery process. She was only checked on three occasions thereafter, and was not checked once within the 2h15 minutes period before giving birth to Kutloano the following morning at 01h00.

The combination of the incorrect decision to induce, the administering of a double dosage of Prostin, and the failure to properly monitor the mother in the hours before the birth caused a severe shortage of oxygen to the baby which led to brain damage.

In the original summons, Plaintiff claimed in excess of R15 million on behalf of Kutloano to cater for his future medical treatment, loss of earnings, general damages for pain suffering, loss of the pleasures of life, disability, impairment, and the costs to appoint a curator to administer his affairs.  The matter will now be allocated a new trial date, probably in a year's time, when the exact monetary amount of the claim will be determined. 

Last week, the Pretoria High Court ordered Gauteng Health MEC Hope Papo to pay R4.6 million in damages to 5 year old Thembisa Kometsi whose legs were amputated after she was admitted for treatment of burnt hands at the Far East Rand Hospital three years ago.

According to evidence, she developed gangrene due to medical conditions  that were not addressed in accordance with "generally accepted norms and standards of good medical and nursing practice" at the hospital.

Other costly medical negligence awards this year include:

* R5 million to 30 year old Nicholaas van Niekerk for brain damage as a result of medical negligence at the Charlotte Maxeke Johannesburg Academic Hospital on 19 October 2005.

* R11.6  million for the brain injury suffered by 8-year-old Ntokozo Skhosana at the Far East Rand Hospital on 9 March 2004.

* Prince Khanyi who was brain-damaged at birth at Pholosong Hospital - R9.25 million

* Mr Shabbier Nagel who had a leg amputated when he went for heart surgery at the Steve Biko Academic Hospital - R6.25 million

* Tanya Khumbula who was brain-damaged during birth at the Edenvale Hospital - R12 million.

These seven medical negligence awards amount to over R70 million in total.

More large pay-outs can be expected as there are an astounding R1.4 billion negligence claims that have not yet reached the courts, according to the Gauteng Health Department's 2011/12 Annual Report.

The Department has lost every single court case in the last two years, which shows how bad treatment is in our public hospitals.

Urgent steps are needed to ensure quality health care so that negligence is minimised.

Statement issued by Jack Bloom MPL, DA Gauteng Health Spokesman, November 12 2012

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