N$10m lawsuit over son’s violent hospital death
Grieving mother Maria Alweendo has filed a N$10 million lawsuit against the health ministry following the alleged murder of her 16-year-old son, Karel Ndakolo, while he was under psychiatric care at Oshakati Intermediate Hospital in late 2023.
In her lawsuit, Alweendo says her shock and grief were compounded by the fact that she first learned of her son’s death through local media reports, rather than from hospital staff.
According to a police report issued in November 2023 by the Oshana police, a nurse discovered Ndakolo lying unconscious on the floor while another patient was seen jumping repeatedly on his chest and stomach.
He was declared dead shortly afterwards.
The grieving mother from Uuyoka in the Oshikoto Region filed the lawsuit through her legal team, Kadhila Amoomo Legal Practitioners, at the Windhoek High Court in October 2024.
Alweendo accuses medical staff of gross negligence, which she claims led to the violent death of her son.
According to court documents, the post-mortem report attributes the teenager's death to trauma resulting in restricted breathing due to chest injuries.
Ndakolo, a Grade 10 learner at Nehale Senior Secondary School in the Oshikoto Region, was admitted to Ward 16 on 20 October 2023 after presenting with suspected mental health issues, the lawsuit states.
Concerns raised, allegedly ignored
Family members, including Alweendo, say they had expressed concerns about the safety and suitability of the ward where the teenager was placed.
Despite their warnings, the hospital allegedly failed to move Ndakolo to a safer area.
Just days later, on 23 October, he was reportedly assaulted by other patients in the same ward and was subsequently transferred to Ward 3 for treatment of his injuries.
According to Alweendo's court filings, on 22 November 2023, Ndakolo was fatally attacked once again – this time in full view of a nurse who allegedly witnessed another patient jumping on top of him.
Devastating loss of a son
Alweendo is seeking N$10 million in damages, citing the hospital’s alleged failure to assess her son’s vulnerabilities, poor communication following the initial assault, re-admitting him to an unsafe ward without adequate supervision, neglecting promised safety measures and failing to prevent the fatal second assault despite clear warning signs.
The claim demands a N$2.2 million payment for post-traumatic and future medical expenses, N$800 000 for medical and funeral costs, N$2 million for pain and suffering and N$5 million for emotional distress and loss of companionship.
The ministry, represented by the Office of the Government Attorney, had not yet filed its responding affidavits at the time of publication.
The case, which is being heard by High Court judge Orben Sibeya, returned to court for a status hearing last week.
No further information on an arrest in connection with Ndakolo's death was available at the time of going to print.
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In her lawsuit, Alweendo says her shock and grief were compounded by the fact that she first learned of her son’s death through local media reports, rather than from hospital staff.
According to a police report issued in November 2023 by the Oshana police, a nurse discovered Ndakolo lying unconscious on the floor while another patient was seen jumping repeatedly on his chest and stomach.
He was declared dead shortly afterwards.
The grieving mother from Uuyoka in the Oshikoto Region filed the lawsuit through her legal team, Kadhila Amoomo Legal Practitioners, at the Windhoek High Court in October 2024.
Alweendo accuses medical staff of gross negligence, which she claims led to the violent death of her son.
According to court documents, the post-mortem report attributes the teenager's death to trauma resulting in restricted breathing due to chest injuries.
Ndakolo, a Grade 10 learner at Nehale Senior Secondary School in the Oshikoto Region, was admitted to Ward 16 on 20 October 2023 after presenting with suspected mental health issues, the lawsuit states.
Concerns raised, allegedly ignored
Family members, including Alweendo, say they had expressed concerns about the safety and suitability of the ward where the teenager was placed.
Despite their warnings, the hospital allegedly failed to move Ndakolo to a safer area.
Just days later, on 23 October, he was reportedly assaulted by other patients in the same ward and was subsequently transferred to Ward 3 for treatment of his injuries.
According to Alweendo's court filings, on 22 November 2023, Ndakolo was fatally attacked once again – this time in full view of a nurse who allegedly witnessed another patient jumping on top of him.
Devastating loss of a son
Alweendo is seeking N$10 million in damages, citing the hospital’s alleged failure to assess her son’s vulnerabilities, poor communication following the initial assault, re-admitting him to an unsafe ward without adequate supervision, neglecting promised safety measures and failing to prevent the fatal second assault despite clear warning signs.
The claim demands a N$2.2 million payment for post-traumatic and future medical expenses, N$800 000 for medical and funeral costs, N$2 million for pain and suffering and N$5 million for emotional distress and loss of companionship.
The ministry, represented by the Office of the Government Attorney, had not yet filed its responding affidavits at the time of publication.
The case, which is being heard by High Court judge Orben Sibeya, returned to court for a status hearing last week.
No further information on an arrest in connection with Ndakolo's death was available at the time of going to print.
[email protected]
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