Windhoek court orders N$1 million payout for childbirth injuries
After a three-year legal battle, a 25-year-old woman will receive N$1 million in a medical negligence case after the Windhoek High Court ruled that Otjiwarongo State Hospital caused her pubic symphysis diastasis and other serious injuries during childbirth when she was 19.
The woman’s name has been withheld to protect her privacy. She filed her lawsuit in February 2022 after hospital staff dislocated her left hip and fractured her pelvis by applying excessive force during childbirth.
In his ruling, High Court Judge Boas Usiku stated that the evidence clearly showed the hospital staff were negligent in their care of the plaintiff. "In my opinion, the staff failed to properly assess whether the plaintiff, a first-time mother, had risk factors that required a caesarean section," Usiku said.
The judge also found that the nurses had used excessive force by pulling the woman’s legs too far apart during delivery, which worsened her injuries.
The court ordered the health ministry to pay the woman N$1 million in damages, with interest at a rate of 20% per annum from the date of judgment until full payment is made. They were also ordered to cover the costs of the legal proceedings.
During the trial, the High Court appointed Dr Godfrey Sichimwa, a specialist obstetrician and gynaecologist, as an expert witness to provide evidence regarding the medical treatment the woman received before and after giving birth to her son on 16 February 2019.
In his report, Dr Sichimwa said her complications could have been prevented if she had been properly monitored by a medical officer during labour.
'Uncooperative' patient
Dr Biti Phaka, who was on duty at the time, assisted the woman during delivery. She testified that she was called to the maternity ward between 20:30 and 21:00 by a nurse who reported that the woman was not cooperating with staff.
Upon arriving in the delivery room, Phaka claimed she pleaded with the woman to cooperate, emphasising that it was crucial for the successful delivery of her child. The woman, according to the doctor's testimony, eventually complied.
“She was screaming and pulling her legs together, but we supported her as best as we could. She eventually delivered her child, suffering vaginal and anal tearing with minimal bleeding. I left the nurses to attend to that,” Phaka testified.
Dr Sichimwa explained that when a first-time mother is uncooperative, making it difficult to monitor her or follow medical protocols, a caesarean section may be recommended to reduce the risk of adverse maternal and neonatal outcomes.
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The woman’s name has been withheld to protect her privacy. She filed her lawsuit in February 2022 after hospital staff dislocated her left hip and fractured her pelvis by applying excessive force during childbirth.
In his ruling, High Court Judge Boas Usiku stated that the evidence clearly showed the hospital staff were negligent in their care of the plaintiff. "In my opinion, the staff failed to properly assess whether the plaintiff, a first-time mother, had risk factors that required a caesarean section," Usiku said.
The judge also found that the nurses had used excessive force by pulling the woman’s legs too far apart during delivery, which worsened her injuries.
The court ordered the health ministry to pay the woman N$1 million in damages, with interest at a rate of 20% per annum from the date of judgment until full payment is made. They were also ordered to cover the costs of the legal proceedings.
During the trial, the High Court appointed Dr Godfrey Sichimwa, a specialist obstetrician and gynaecologist, as an expert witness to provide evidence regarding the medical treatment the woman received before and after giving birth to her son on 16 February 2019.
In his report, Dr Sichimwa said her complications could have been prevented if she had been properly monitored by a medical officer during labour.
'Uncooperative' patient
Dr Biti Phaka, who was on duty at the time, assisted the woman during delivery. She testified that she was called to the maternity ward between 20:30 and 21:00 by a nurse who reported that the woman was not cooperating with staff.
Upon arriving in the delivery room, Phaka claimed she pleaded with the woman to cooperate, emphasising that it was crucial for the successful delivery of her child. The woman, according to the doctor's testimony, eventually complied.
“She was screaming and pulling her legs together, but we supported her as best as we could. She eventually delivered her child, suffering vaginal and anal tearing with minimal bleeding. I left the nurses to attend to that,” Phaka testified.
Dr Sichimwa explained that when a first-time mother is uncooperative, making it difficult to monitor her or follow medical protocols, a caesarean section may be recommended to reduce the risk of adverse maternal and neonatal outcomes.
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