Cape Town - The Western Cape High Court has ruled in favour of a mother in a landmark case against Health MEC, Mireille Wenger, involving medical negligence during childbirth experienced at the Mitchell’s Plain Midwife Obstetric Unit.
The case dates back to December 2010, when the 35-year-old accused staff at the unit of mishandling her delivery, particularly the McRoberts manoeuvre, which is used to assist with shoulder dystocia during childbirth.
The mother suffered injuries, and her baby was born with severe neurological complications due to lack of oxygen during delivery.
Judge Rehana Park found that if the patient was assessed timeously, a caesarean section could have been performed, which would have prevented the injuries from occurring.
She found the medical team failed to follow established protocols, including the timely transfer of the mother to a more equipped facility, despite known health risks (mild anaemia and obesity).
The court also pointed to inadequate medical documentation, especially during the critical eight minutes between the delivery of the baby’s head and body.
One of the nurses who testified on behalf of the complainant, explained that it was anticipated that nurses would generate a comprehensive and exhaustive report subsequent to the delivery.
However, in the available records, the only record of shoulder dystocia was found in a very brief report written after the delivery and before transfer to the Mowbray Maternity Hospital.
Experts, including paediatricians, testified that the baby suffered from seizures due to oxygen deprivation.
The defendant, however, in submission’s to the court, said the complainant’s witness was less qualified to provide commentary than their witness, who testified that she has no independent recollection of the specific case.
However, in her final ruling, Judge Parker found that the complainant had proven on a balance of probabilities that the defendant’s employees failed to exercise reasonable skill and care, and that their conduct fell below the standard of a reasonably competent practitioner in their field.
She ruled that the MEC was liable for the child’s future medical expenses and damages.
The MEC was ordered to compensate the complainant for medical costs and legal fees, emphasising the importance of proper medical care and adherence to protocols in obstetrics.
Spokesperson for the Department of Health and Wellness, Dwayne Evans, said they acknowledged the judgment delivered.
“We are currently reviewing the details of the judgment and will consider the necessary steps forward,” he said.
Cape Argus