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Walvis Bay hospital sued for negligence
Walvis Bay hospital sued for negligence

Walvis Bay hospital sued for negligence

A Walvis Bay woman is suing the health ministry for N$2.3 million for the loss of her daughter, who bled to death in the town's state hospital.
Jana-Mari Smith
In another case of negligence levelled against the health ministry, staff at the Walvis Bay state hospital stand accused of gross neglect that led to the death of a 20-year-old woman shortly after giving birth.

In pre-trial papers filed at the Windhoek High Court, Milka Lopez is holding the hospital staff accountable for the death of her daughter, Margaritha Sophia Paula Nghinamwaami, who died four days after delivering a stillborn baby in February 2017.

Lopez, who is suing for N$2.3 million in damages, says her daughter's death was the direct result of medical negligence by nurses and doctors who failed to treat the injuries Nghinamwaami had sustained during childbirth.

In her particulars of claim, Lopez says her daughter died of cardiac failure as a result of haemorrhage due to an untreated vaginal laceration.

“The cause of death is directly linked to the unlawful, wrongful and negligent conduct on the part of hospital staff of the Walvis Bay hospital.

“I understand that death is inevitable in life, however my daughter's death could have been prevented had the medical doctor exercised the minimum standard of care and skill expected,” Lopez says in her witness statement.

“What was supposed to be the happiest day of my life turned into a nightmare.”

Papers filed by one of the expert witnesses scheduled to testify in the trial, Dr Nadine Agnew, state that she intends to testify that after examining the medical records linked to the case, she concluded that “delivery of the deceased's baby and post-natal care was poorly managed and led to the death of the deceased”.

Agnew says according to the available records, the doctor on duty “never examined the deceased despite the fact that she had given birth to a stillborn baby”.

Further, although Nghinamwaami developed post-partum haemorrhage due to vaginal laceration in the afternoon after labour, she was only examined by a doctor at 21:30 and taken to the theatre after 22:00, by which time she was already in cardiac failure with high blood pressure and severe anaemia.

“The deceased was left untreated for several hours before she received adequate medical treatment,” Agnew says.

The health ministry has given notice that it will defend the allegations.



Shock and trauma

With assistance from lawyer Sharen Zenda of the Legal Assistance Centre (LAC), Lopez, in her witness statement, says after she arrived at the hospital in the afternoon of 12 February and her daughter went into labour, “everything started getting messy”.

She says her daughter began losing blood, which continued after the birth, but she was only examined by a doctor much later in the evening, by which time it was too late.

She claims that while the doctor on duty confirmed the stillbirth, “he never once looked at my daughter or even asked about the woman who had given birth to a stillborn baby”.

Hours after her daughter had given birth and continued bleeding, a doctor was finally called and Nghinamwaami was rushed into the theatre for a blood transfusion.

Nghinamwaami lost consciousness and never woke up again.

She was declared dead on 19 February, after she was taken to Windhoek Central Hospital.



Reading magazines

Nghinamwaami's sister states that she will testify that while her sister was in labour, she had to look for nurses to assist and found them at a desk “on their phones and some reading what looked like magazines”.

She says the uncaring attitude was also displayed by the doctor on call, who did not enquire about the patient after pronouncing the baby dead.

Another expert witness, psychologist Shaun Whittaker, will be called to testify that following consultations with Lopez, he diagnosed her as suffering from post-traumatic stress disorder and major depression after her daughter's death.



Untrue

The health ministry has listed a number of witnesses who will testify that the claims of negligence are untrue.

Dr Obey Nhiwatiwa, who was the doctor on call at the Walvis Bay state hospital on the day Nghinamwaami was admitted, states in papers filed with the court that he intends to testify that after certifying the death of the baby he was informed by the nurses that “the mother was fine and I proceeded to attend to other patients and duties as the doctor on call at the time”.

He confirmed that at around 21:45 he was called to attend to an emergency.

“To my surprise, the emergency appeared to be the patient whose baby I had earlier certified as dead.”

He said Nghinamwaami was given a blood transfusion but he later ordered that she be transferred to the Windhoek state hospital as she remained in a critical condition.

JANA-MARI SMITH

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Namibian Sun 2024-04-26

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