PRETORIA NEWS
13 MARCH 2018
ZELDA VENTER
Little Omphile Ngwenya will never be able to walk, talk or eat by herself – all due to the negligence of some doctors and nurses at the Pholosong Hospital in Brakpan.
The now 5-year-old was born in 2012 with brain damage after the medical staff at both this hospital and the KwaThema Clinic failed to act fast enough when it was realised the foetus was in distress.
It appeared that Omphile was too large for her mother, Lindiwe Ngwenya’s pelvis. She urgently needed to have a Caesarean Section, but due to staff and doctors dragging their heels, this was done too late.
By the time she was eventually born in the early hours of March 24, 2012, Omphile suffered severe lack of oxygen, leaving her with permanent brain damage.
She now suffers from severe cerebral palsy.
Details of the R19.2 Million Court Settlement
Her mother instituted a damages claim against the MEC for Health, in which she claimed more than R34 million.
The MEC agreed yesterday to settle the matter and pay nearly R19.2m to the child’s mother. The money will, however, be kept in a trust account and used solely to make the little girl’s life a bit easier.
Her mother will receive a tiny portion – R135 907 – as compensation for her care-giving to date of the child.
The Daily Struggle of a Devoted Mother
Ngwenya has endured severe hardships in caring for her daughter to date, without any compensation. Her only income was a child support grant of R380 per month, which she received for each of her four children.
The former domestic worker and cleaner had to give up her job to take care of the helpless child. It was said that a doctor at Pholosong Hospital told the authorities she did not qualify for a care dependency grant.
She and Omphile also had to share a two-roomed RDP house in KwaThema near Brakpan with several other family members.
Delays and Mistakes at Pholosong Hospital
The court was told Ngwenya had a normal pregnancy until she went to the clinic on March 23, 2012, with contractions. It was established that the foetus was in distress and she was transferred to the Pholosong Hospital.
But by the time the Caesarean Section was performed, it was too late, and the child had already suffered brain damage due to a lack of oxygen. She was also born with a dislocated knee.
It was found that the staff at both the clinic and hospital were negligent. The clinic did not inform the hospital staff about the foetal distress and the latter did not monitor the mother sufficiently to realise that an emergency Caesarean Section had to be performed.
Severe Brain Damage Blamed on Medical Negligence
Apart from not being able to ever care for herself, Omphile also suffers from epilepsy.
Ngwenya and her four children share one bedroom in her RDP house.
Ngwenya has to feed Omphile puréed food with a syringe because she cannot swallow properly.
She also has to turn the child every two to three hours a night. Omphile will moan so that her mother knows she is uncomfortable.
The family was, up to now, too poor to afford a wheelchair for the child, and she was wheeled around the community in a small pram.
Expert reports before the court state that, notwithstanding her condition, Omphile loves being around people. She cries to communicate her needs, but is “otherwise a happy baby”.
Her lawyer, Monica Janse van Rensburg of Gert Nel Inc Attorneys, said they were happy with the settlement. “Little Omphile will now be able to receive the assistance she deserves.”