Mother's fight against Tygerberg Hospital for son's congenital condition

Three years after giving birth to her son at Tygerberg Hospital, a Cape Town mother is seeking legal assistance to fight her case of alleged medical negligence against staff at the hospital, whom she claimed failed to determine that her son was born with no anus.

It was only when the baby was discharged from hospital that his mother discovered that he in fact was born with a congenital condition known as imperforate anus.

The hospital, via a letter addressed to the mother, which was shared with the Cape Argus, shows their admittance to not being aware that the child was born with an abnormality.

The letter states that the infant had undergone the necessary scans and that they would provide the necessary support.

"It appears the problem was, regrettably, not picked up after birth as part of the routine examination of the new-born. Despite this unfortunate incident the management would like to assure you that Tygerberg Hospital is committed to providing excellent and quality service to all its patients."

But the mother said she was treated mildly for a kidney infection prior to her delivery of her son and that she had noted her son’s first stool was yellow instead of black.

She said her son has undergone numerous surgeries since.

“I'm looking for a lawyer willing to take my case further. My son had to have three big surgeries within his first year of life,” she said.

“Due to this defect he might have to have more surgeries.

“After birth I passed out and when I woke up I was in a ward. I was clean and so was the baby.

"The nurse then asked me if the baby had pooped. I then asked, 'how can you ask me if you were looking after the baby?'.

“Day 2, the nurse asked if the baby pooped. I said there's yellow in his nappy but my mom told me it should be black when it's the baby’s first stool.

“The nurse answered me saying 'today's babies don't poop black anymore' but did not check him.

“When we got home after we were discharged, we discovered the baby was born with no anus.

“The reason for my complaint is because my child could have died at home due to negligence from hospital staff.”

Laticia Pienaar, communications for Tygerberg Hospital said: "Tygerberg Hospital is aware of the concerns raised by (the mom). The initial complaint was submitted in 2022, shortly after the birth of her baby. A formal written response was provided at the time, and (the mom) was invited to contact the hospital should she have any further questions or wish to meet with hospital management. Despite several efforts by the hospital team to reach out to her, we were unfortunately unable to make contact. We acknowledge the distress that can accompany a birth complication, and our thoughts are with the family. The baby was diagnosed with a condition known as anorectal malformation — a congenital condition that occurs in approximately 1 in every 5 000 births. This condition, which involves an abnormality in the development of the anus, is not easily detected on prenatal scans and is typically not associated with other abnormalities. We are pleased to confirm that the child underwent corrective surgery, which was successful. Tygerberg Hospital remains committed to providing the highest standard of care and support to our patients and their families. Should (the mom) still wish to engage with the hospital team, we remain open and available to assist in any way we can."

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Cape Argus