Ministry denies wrongdoing in psych ward death
Denies wrongdoing in N$10 million negligence lawsuit
The health ministry argues that the violent death of a 16-year-old boy at the hands of another patient was not foreseeable.
The health ministry has denied any negligence in the death of a psychiatric patient, Karel Ndakolo (16), at Oshakati Intermediate Hospital in November 2023.
A police report said a nurse found Ndakolo unconscious on the floor of the hospital's psychiatric unit while another patient was jumping on his chest and stomach.
In a submission to the Windhoek High Court, the health ministry argued that the incident was unforeseeable and not the result of any failure on the part of its staff.
Ndakolo's mother, Maria Alweendo, has filed a N$10 million civil lawsuit against the ministry for damages in connection with her son's death.
Alweendo is 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 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.
Acted in good faith
In response, the ministry maintains that medical staff acted in good faith and exercised reasonable care.
The ministry confirmed that Ndakolo was admitted to Ward 16 on 20 October 2023.
It stated that Ndakolo had previously been treated for injuries following an earlier altercation with another patient and was subsequently placed in a private isolation room for monitoring.
Additionally, the ministry said that by the time a staff member discovered the other patient, who had recently been transferred from the medical ward, jumping on Ndakolo during a routine check, he had already died.
According to the ministry, there were no warning signs indicating that either of the two patients was violent or posed a danger.
"The incident was not foreseeable, and a reasonable person in the same position would not have been expected to prevent it," the ministry said in court documents.
The ministry is also challenging the validity of the lawsuit, arguing that it was filed outside the required three-month window as set out in the Mental Health Act. The summons was only served in October 2024, nearly a year after Ndakolo’s death.
High Court judge Orben Sibeya is presiding over the case.
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A police report said a nurse found Ndakolo unconscious on the floor of the hospital's psychiatric unit while another patient was jumping on his chest and stomach.
In a submission to the Windhoek High Court, the health ministry argued that the incident was unforeseeable and not the result of any failure on the part of its staff.
Ndakolo's mother, Maria Alweendo, has filed a N$10 million civil lawsuit against the ministry for damages in connection with her son's death.
Alweendo is 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 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.
Acted in good faith
In response, the ministry maintains that medical staff acted in good faith and exercised reasonable care.
The ministry confirmed that Ndakolo was admitted to Ward 16 on 20 October 2023.
It stated that Ndakolo had previously been treated for injuries following an earlier altercation with another patient and was subsequently placed in a private isolation room for monitoring.
Additionally, the ministry said that by the time a staff member discovered the other patient, who had recently been transferred from the medical ward, jumping on Ndakolo during a routine check, he had already died.
According to the ministry, there were no warning signs indicating that either of the two patients was violent or posed a danger.
"The incident was not foreseeable, and a reasonable person in the same position would not have been expected to prevent it," the ministry said in court documents.
The ministry is also challenging the validity of the lawsuit, arguing that it was filed outside the required three-month window as set out in the Mental Health Act. The summons was only served in October 2024, nearly a year after Ndakolo’s death.
High Court judge Orben Sibeya is presiding over the case.
[email protected]
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