Court refers birth negligence lawsuit to mediation
A Windhoek couple’s N$500 000 lawsuit against the health ministry will be resolved through mediation, following an order by High Court judge Eileen Rakow.
The matter has been referred to a court-connected alternative dispute resolution (ADR) process, with Bernadine Mynhardt appointed as the mediator.
The plaintiffs, Ndinelao Shinana and Paulus Samuel, are suing the ministry over what they describe as a nightmarish birth experience at Katutura Intermediate Hospital that they claim left their daughter, Nelao Samuel, brain damaged and fighting for her life.
The parents are accusing hospital staff of failing to provide timely medical care when Shinana, who was heavily pregnant, went into labour on 16 June 2021.
According to court documents, Shinana was admitted to the hospital in the early stages of labour and informed she would deliver later that evening. However, despite pointing out her areas of pain, including vaginal bleeding, she allegedly received minimal medical attention throughout the night.
“The next morning (17 June 2021), I could no longer feel the baby moving,” Shinana recalled in court documents.
She also said a doctor, who is not identified in court documents, reportedly told her that a caesarean section might be necessary if the condition persisted, but no follow-up was made until 17:00 on 17 June, more than 24 hours later. “I was then given a contraction-inducing injection and left in the care of two student nurses", who the couple say were not qualified to manage the complicated delivery.
No wrongdoing
In its plea, the ministry, represented by government lawyer Quine Fenyeho, firmly denied that Shinana was told she would give birth around 19:00 on 16 June 2021.
They maintain that such a claim was implausible, seeing that Shinana was only 3 cm dilated upon arrival at the hospital shortly after 17:00. This, they said, was far from the 10 cm required for delivery.
“On average it takes about seven hours to progress from 3 cm to full dilation," court documents state.
Additionally, the couple allege that the baby presented with signs of cephalopelvic disproportion (CPD), a condition that requires skilled intervention, which the student nurses were unable to handle. CPD happens when the size of the baby’s head (or sometimes the body) is too big in relation to the size or shape of the mother’s pelvic bones, making vaginal delivery difficult or impossible.
This reportedly resulted in significant delays which ultimately caused the baby to suffer brain damage and require intensive care for 30 days.
The ministry is challenging the couple, who are represented by lawyer Enkali Niinkoti, to prove all allegations brought against it.
“There is no indication that the baby suffered brain damage as a result of the delivery,” the ministry said, adding that the child’s delivery was delayed partly due to “minimal effort” by the mother during labour. It also denies that a C-section was ever medically warranted.
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The matter has been referred to a court-connected alternative dispute resolution (ADR) process, with Bernadine Mynhardt appointed as the mediator.
The plaintiffs, Ndinelao Shinana and Paulus Samuel, are suing the ministry over what they describe as a nightmarish birth experience at Katutura Intermediate Hospital that they claim left their daughter, Nelao Samuel, brain damaged and fighting for her life.
The parents are accusing hospital staff of failing to provide timely medical care when Shinana, who was heavily pregnant, went into labour on 16 June 2021.
According to court documents, Shinana was admitted to the hospital in the early stages of labour and informed she would deliver later that evening. However, despite pointing out her areas of pain, including vaginal bleeding, she allegedly received minimal medical attention throughout the night.
“The next morning (17 June 2021), I could no longer feel the baby moving,” Shinana recalled in court documents.
She also said a doctor, who is not identified in court documents, reportedly told her that a caesarean section might be necessary if the condition persisted, but no follow-up was made until 17:00 on 17 June, more than 24 hours later. “I was then given a contraction-inducing injection and left in the care of two student nurses", who the couple say were not qualified to manage the complicated delivery.
No wrongdoing
In its plea, the ministry, represented by government lawyer Quine Fenyeho, firmly denied that Shinana was told she would give birth around 19:00 on 16 June 2021.
They maintain that such a claim was implausible, seeing that Shinana was only 3 cm dilated upon arrival at the hospital shortly after 17:00. This, they said, was far from the 10 cm required for delivery.
“On average it takes about seven hours to progress from 3 cm to full dilation," court documents state.
Additionally, the couple allege that the baby presented with signs of cephalopelvic disproportion (CPD), a condition that requires skilled intervention, which the student nurses were unable to handle. CPD happens when the size of the baby’s head (or sometimes the body) is too big in relation to the size or shape of the mother’s pelvic bones, making vaginal delivery difficult or impossible.
This reportedly resulted in significant delays which ultimately caused the baby to suffer brain damage and require intensive care for 30 days.
The ministry is challenging the couple, who are represented by lawyer Enkali Niinkoti, to prove all allegations brought against it.
“There is no indication that the baby suffered brain damage as a result of the delivery,” the ministry said, adding that the child’s delivery was delayed partly due to “minimal effort” by the mother during labour. It also denies that a C-section was ever medically warranted.
[email protected]
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