Grieving mum agrees to settle lawsuit with health ministry
A bereaved mother whose baby died following what she described as a traumatic delivery at Katutura State Hospital has reached a settlement with the health ministry after filing a N$750 000 medical negligence lawsuit.
The settlement was announced following successful mediation talks led by Bernadine Mynhardt on 25 April between the complainant, Ottilie Kaongo, and the ministry.
The case has been postponed to 24 June 2025 at 08:30 for a case management conference, during which the signed settlement is expected to be formally submitted. No details on the settlement agreement have been made public to date.
Kaongo, a self-employed resident of Rehoboth, filed suit after she was referred to Katutura Hospital while 23 weeks pregnant on 19 October 2023.
She alleged that upon arrival, she was left unattended on a stretcher in the waiting room, went into labour and gave birth without assistance, in full view of other patients.
According to Kaongo, she was left unattended for approximately 30 minutes after giving birth in the hospital waiting room, covered in blood and discharge, with her premature baby lying beside her in full view of the public.
Additionally, she claimed that she waited about four to five hours after delivery before a medical practitioner informed her that the baby had died, and it took about six hours after her arrival at the hospital before she was finally given a room to clean herself.
The hospital staff allegedly also separated her from her newborn child without proper explanation, and her lawsuit claimed she was denied access to medical records or a death certificate.
In her claim, Kaongo held the ministry vicariously liable for the conduct of its medical staff. "They failed to provide emergency care, dignity, and basic medical assistance. I sought N$750 000 in damages, including compensation for emotional trauma and future psychological treatment."
Culpability denied
In response, the ministry confirmed in court papers that Kaongo had been referred to the hospital but contended that she had delivered a "non-viable" baby.
Medically, a non-viable baby refers to a foetus or newborn that cannot survive independently outside the womb, typically due to extreme prematurity or severe congenital abnormalities incompatible with life.
In this case, the ministry argued that Kaongo’s pregnancy was “not viable” at 23 weeks, meaning the baby was too premature to survive outside the womb, even with medical intervention. On this basis, the ministry maintained that the baby’s death was unavoidable and therefore not the result of negligence.
The ministry denied any negligence, stating that staff acted appropriately upon learning of the woman's presence and that the tragic outcome was unforeseen.
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The settlement was announced following successful mediation talks led by Bernadine Mynhardt on 25 April between the complainant, Ottilie Kaongo, and the ministry.
The case has been postponed to 24 June 2025 at 08:30 for a case management conference, during which the signed settlement is expected to be formally submitted. No details on the settlement agreement have been made public to date.
Kaongo, a self-employed resident of Rehoboth, filed suit after she was referred to Katutura Hospital while 23 weeks pregnant on 19 October 2023.
She alleged that upon arrival, she was left unattended on a stretcher in the waiting room, went into labour and gave birth without assistance, in full view of other patients.
According to Kaongo, she was left unattended for approximately 30 minutes after giving birth in the hospital waiting room, covered in blood and discharge, with her premature baby lying beside her in full view of the public.
Additionally, she claimed that she waited about four to five hours after delivery before a medical practitioner informed her that the baby had died, and it took about six hours after her arrival at the hospital before she was finally given a room to clean herself.
The hospital staff allegedly also separated her from her newborn child without proper explanation, and her lawsuit claimed she was denied access to medical records or a death certificate.
In her claim, Kaongo held the ministry vicariously liable for the conduct of its medical staff. "They failed to provide emergency care, dignity, and basic medical assistance. I sought N$750 000 in damages, including compensation for emotional trauma and future psychological treatment."
Culpability denied
In response, the ministry confirmed in court papers that Kaongo had been referred to the hospital but contended that she had delivered a "non-viable" baby.
Medically, a non-viable baby refers to a foetus or newborn that cannot survive independently outside the womb, typically due to extreme prematurity or severe congenital abnormalities incompatible with life.
In this case, the ministry argued that Kaongo’s pregnancy was “not viable” at 23 weeks, meaning the baby was too premature to survive outside the womb, even with medical intervention. On this basis, the ministry maintained that the baby’s death was unavoidable and therefore not the result of negligence.
The ministry denied any negligence, stating that staff acted appropriately upon learning of the woman's presence and that the tragic outcome was unforeseen.
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