N$650k for negligence
A maternal death at the Walvis Bay state hospital has cost the taxpayer N$650 000 in a medical negligence lawsuit.
The health ministry has been dealt a severe legal blow after the High Court awarded more than N$650 000 to a woman whose daughter had died shortly after delivering a stillbirth because of inadequate medical care.
Milka Lopez, the mother of Margaritha Sophia Nghinamwaami (20) who died in February 2015, was awarded N$651 042 in damages by Acting Judge Collins Parker this week.
During the trial Lopez told the court that what was “supposed to be the happiest day of my life turned into a nightmare,” when her granddaughter and daughter died within days of each other.
During judgment, Parker found that the doctor on call at the Walvis Bay state hospital on 15 February, and the nurses on duty, had failed to act reasonably in order ensure no harm befell their patient.
The judge said Lopez and her legal team from the Legal Assistance Centre (LAC) had shown that Dr Obey Nhiwatiwa had failed in his “duty to properly and timeously assess the condition of the patient when the opportunity to do so presented itself”.
Testimony during the trial revealed that although the doctor had been present to certify that the baby had died, he failed to assess the patient properly at the time.
Moreover, the judge noted that the nurses attending to the patient had failed in their duty to apprise the doctor on call of the true nature of the patient's condition.
Although a nurse had testified that the suturing to close a severe tear Nghinamwaami had suffered during labour looked in order, Judge Collins noted that “all was not fine, in my opinion”.
Collins stressed that while the doctor had certified the baby was dead three hours prior, he had failed, without any good reasons, to assess the mother.
“Common sense and human experience tell me that if the efforts of Dr Nhiwatiwa took in the theatre to stop the patient's bleeding at around 22:45 and the administering of Ketamin had been pursued at around 17:00, the complications that set in after 22:45 would have been successfully managed.
“Dr Nhiwatiwa had no good reason to only certify that the baby was dead, without properly assessing for himself the true situation about the patient.”
Collins added: “Lo and behold, barely three hours after certifying that the baby was dead, Dr Nhiwatiwa was called by registered nurse Shijabuluka to return in order to attend to an emergency.”
That emergency was the young mother, who had developed post-partum haemorrhage.
Sad win
Collins awarded Lopez N$300 000 for the emotional shock and trauma she had suffered.
Lopez was awarded a further N$200 000 in damages for the inconvenience and discomfort she had endured.
Collins awarded her a further N$100 000 for future medical expenses related to psychological counselling.
Lopez was also awarded N$51 042 for the two funerals she had to arrange.
Nightmare
Lopez told the court that her daughter died of cardiac failure as a result of haemorrhage due to an untreated vaginal laceration.
“Death is inevitable in life, [but] my daughter's death could have been prevented had the medical doctor exercised the minimum standard of care and skill expected,” she said in her witness statement.
A witness, Dr Nadine Agnew, concluded that according to the available medical records, “delivery of the deceased's baby and post-natal care was poorly managed and led to the death of the deceased”.
Lopez told the court that only hours after her daughter had given birth and continued bleeding, a doctor was finally called and Nghinamwaami was rushed into the theatre for a blood transfusion.
Nghinamwaami lost consciousness and never woke up again.
She was declared dead on 19 February, after she was transferred to the Windhoek Central Hospital.
[email protected]
JANA-MARI SMITH
Milka Lopez, the mother of Margaritha Sophia Nghinamwaami (20) who died in February 2015, was awarded N$651 042 in damages by Acting Judge Collins Parker this week.
During the trial Lopez told the court that what was “supposed to be the happiest day of my life turned into a nightmare,” when her granddaughter and daughter died within days of each other.
During judgment, Parker found that the doctor on call at the Walvis Bay state hospital on 15 February, and the nurses on duty, had failed to act reasonably in order ensure no harm befell their patient.
The judge said Lopez and her legal team from the Legal Assistance Centre (LAC) had shown that Dr Obey Nhiwatiwa had failed in his “duty to properly and timeously assess the condition of the patient when the opportunity to do so presented itself”.
Testimony during the trial revealed that although the doctor had been present to certify that the baby had died, he failed to assess the patient properly at the time.
Moreover, the judge noted that the nurses attending to the patient had failed in their duty to apprise the doctor on call of the true nature of the patient's condition.
Although a nurse had testified that the suturing to close a severe tear Nghinamwaami had suffered during labour looked in order, Judge Collins noted that “all was not fine, in my opinion”.
Collins stressed that while the doctor had certified the baby was dead three hours prior, he had failed, without any good reasons, to assess the mother.
“Common sense and human experience tell me that if the efforts of Dr Nhiwatiwa took in the theatre to stop the patient's bleeding at around 22:45 and the administering of Ketamin had been pursued at around 17:00, the complications that set in after 22:45 would have been successfully managed.
“Dr Nhiwatiwa had no good reason to only certify that the baby was dead, without properly assessing for himself the true situation about the patient.”
Collins added: “Lo and behold, barely three hours after certifying that the baby was dead, Dr Nhiwatiwa was called by registered nurse Shijabuluka to return in order to attend to an emergency.”
That emergency was the young mother, who had developed post-partum haemorrhage.
Sad win
Collins awarded Lopez N$300 000 for the emotional shock and trauma she had suffered.
Lopez was awarded a further N$200 000 in damages for the inconvenience and discomfort she had endured.
Collins awarded her a further N$100 000 for future medical expenses related to psychological counselling.
Lopez was also awarded N$51 042 for the two funerals she had to arrange.
Nightmare
Lopez told the court that her daughter died of cardiac failure as a result of haemorrhage due to an untreated vaginal laceration.
“Death is inevitable in life, [but] my daughter's death could have been prevented had the medical doctor exercised the minimum standard of care and skill expected,” she said in her witness statement.
A witness, Dr Nadine Agnew, concluded that according to the available medical records, “delivery of the deceased's baby and post-natal care was poorly managed and led to the death of the deceased”.
Lopez told the court that only hours after her daughter had given birth and continued bleeding, a doctor was finally called and Nghinamwaami was rushed into the theatre for a blood transfusion.
Nghinamwaami lost consciousness and never woke up again.
She was declared dead on 19 February, after she was transferred to the Windhoek Central Hospital.
[email protected]
JANA-MARI SMITH
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