N$17m lawsuit claims child blinded, paralysed after state hospital surgery

The mother of a four-year-old girl who was allegedly left blind, paralysed and brain-damaged following a tonsil and adenoid procedure is suing government for N$17 million, alleging medical negligence.

Court papers claim that the December 2024 surgery at Windhoek Central Hospital was performed by a general practitioner in the absence of the designated ear, nose and throat (ENT) specialist.

The lawsuit also alleges that medical staff negligently failed to properly manage complications and cardiac arrest during and after the procedure.

The health ministry, however, disputes the allegations.

In response to the lawsuit, the state argues that it is not unusual for an experienced medical practitioner with appropriate experience and in-service training to perform ENT surgery in consultation with and under the supervision of an ENT specialist.

In this case, the ministry says the ENT specialist was nearby and in a position to intervene if required.

According to the particulars of the claim, the child, born in September 2022, was admitted to the hospital’s ENT ward for pre-operative preparation before undergoing surgery.

The plaintiff claims the hospital had undertaken to ensure the procedure would be performed with proper skill, care and oversight and that the child’s safety would remain a primary concern throughout.

Lawsuit details alleged negligence

Court papers allege that several failures occurred during the procedure, including inadequate pre-surgical risk assessment, poor emergency response during complications, and delays in managing a post-operative condition described in court papers as post-obstructive pulmonary oedema.

The claim also points to an alleged delay in initiating resuscitation after the child suffered cardiac arrest.

The plaintiff is seeking N$17 million in damages, including for medical costs, permanent disability, loss of future earnings and pain and suffering.

The ministry has rejected all accusations of negligence, insisting that assessments and procedures were carried out in line with acceptable medical standards and hospital protocols.

It maintains that complications of this nature are known risks in ENT procedures and that there is no causal link between the surgery and the child’s current condition.

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