State sued for millions over baby’s death
JANA-MARI SMITH
WINDHOEK
A grieving couple are suing the health ministry for between N$2 million and N$3 million for negligence that led to the loss of their unborn baby during a three-day labour nightmare at the Windhoek Central Hospital last year.
The multimillion-dollar claim was filed in August at the Windhoek High Court by Helena Kalangula and Wilbard Namene Iyambo, whose child died three days after Kalangula was admitted to hospital on 19 April 2019. Both reside in Windhoek.
The lawsuit claims that instead of providing the necessary care and professional skill and attention, hospital staff failed to take all reasonable steps to “carry out a proper and sufficient physical examination of the patient on 19 April.”
The argue that the loss of their unborn baby was the direct result of the staff’s failure to provide the necessary assistance and care.
Moreover, they claim that the loss of their baby caused them emotional trauma, anxiety and “fear of having children in future”.
Kalangula states in the court papers that she suffered physical trauma in addition to the emotional suffering.
They claim further that blood tests were sent to an external laboratory despite the hospital being equipped with a laboratory, which caused a delay.
Three days in labour
The couple claim that a specialist surgeon was not provided within a reasonable time when staff failed to properly diagnose the patient during her prolonged labour, and that she was not provided with the necessary pain medication.
The court papers indicate that Kalangula was in labour for three days before she was given a caesarean section.
The plaintiffs argue that she should have undergone surgery much earlier.
The couple have submitted two claims for the court to consider, namely damages amounting to N$1 million arising from the treatment necessary for post-traumatic stress disorder, pain and suffering, hospitalisation and associated costs, funeral expenses and other damages.
In an alternative claim, the couple are asking the court to award them more than N$2.8 million in damages for the hospital staff’s negligence and breach of duty.
Kalangula and Iyambo are filing suit for an additional N$1 million for the breach of their constitutional rights, namely their right to start a family in terms of Article 14.
Kadhila Amoomo is acting on behalf of the aggrieved parents while Mkhululi Khupe is acting on behalf of the health ministry, which is defending the claim.
Judge Marlene Tommasi on Tuesday postponed the case to 20 January 2021 for mediation.
WINDHOEK
A grieving couple are suing the health ministry for between N$2 million and N$3 million for negligence that led to the loss of their unborn baby during a three-day labour nightmare at the Windhoek Central Hospital last year.
The multimillion-dollar claim was filed in August at the Windhoek High Court by Helena Kalangula and Wilbard Namene Iyambo, whose child died three days after Kalangula was admitted to hospital on 19 April 2019. Both reside in Windhoek.
The lawsuit claims that instead of providing the necessary care and professional skill and attention, hospital staff failed to take all reasonable steps to “carry out a proper and sufficient physical examination of the patient on 19 April.”
The argue that the loss of their unborn baby was the direct result of the staff’s failure to provide the necessary assistance and care.
Moreover, they claim that the loss of their baby caused them emotional trauma, anxiety and “fear of having children in future”.
Kalangula states in the court papers that she suffered physical trauma in addition to the emotional suffering.
They claim further that blood tests were sent to an external laboratory despite the hospital being equipped with a laboratory, which caused a delay.
Three days in labour
The couple claim that a specialist surgeon was not provided within a reasonable time when staff failed to properly diagnose the patient during her prolonged labour, and that she was not provided with the necessary pain medication.
The court papers indicate that Kalangula was in labour for three days before she was given a caesarean section.
The plaintiffs argue that she should have undergone surgery much earlier.
The couple have submitted two claims for the court to consider, namely damages amounting to N$1 million arising from the treatment necessary for post-traumatic stress disorder, pain and suffering, hospitalisation and associated costs, funeral expenses and other damages.
In an alternative claim, the couple are asking the court to award them more than N$2.8 million in damages for the hospital staff’s negligence and breach of duty.
Kalangula and Iyambo are filing suit for an additional N$1 million for the breach of their constitutional rights, namely their right to start a family in terms of Article 14.
Kadhila Amoomo is acting on behalf of the aggrieved parents while Mkhululi Khupe is acting on behalf of the health ministry, which is defending the claim.
Judge Marlene Tommasi on Tuesday postponed the case to 20 January 2021 for mediation.
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