The KwaZulu-Natal MEC for Health has to pay R13.1-million in damages to the mother of a now 10-year-old daughter who was born with brain damage at the Christ the King Hospital in Ixopo.
The Pietermaritzburg High Court earlier found the MEC to be 100% liable for the damages which the mother had incurred on behalf of her child.
The child, who has been diagnosed with cerebral palsy, is totally dependent on others for her daily functioning. According to the mother, she was never told by the hospital that her child had suffered brain damage at birth.
It was only after her daughter's eighth month that the diagnosis was made.
The medical experts mostly issued reports to the court as to how the mother and child's lives could be made a bit easier with the help of a caregiver, various forms of therapy and medical aids.
One of the medical experts told the court that the child can hear, see and talk, and she loves to smile and sometimes laugh. While she is unable to speak any words, she understands commands and she sometimes uses eye gaze to make a point.
While the child cannot walk, she can sit unaided for a few seconds at a time and it is said that she would benefit from standing in a frame.
She also has to be assisted with eating as she has a problem with swallowing. But all in all, the experts described her as a bright little girl who knew what was going on around her. Her mental age was estimated to be between nine and 12 months.
The mother meanwhile testified that she lived in a small flat in Durban with her daughter, so that she could be close to the hospitals. She told the court that a caregiver would make her life much easier, as she now had to carry her child on her back if she went out to buy groceries or run other errands, as she cannot leave the child alone at home.
She said she cannot go and visit her parents or go to other places which are not near her home, as the child is too heavy to carry over relatively far distances.
Most of the mother's day is taken up by taking care of her daughter, who has to eat every two hours with the help of a special aid. She also has to drink water through a syringe.
She said the child mostly communicates by screaming, but she loves to watch television and to play with toys. According to the mother the child is moody from time to time, but overall she is a happy child who loves people and other children.
The experts also expressed their concern about the mother as the court was told that parents caring for children with cerebral palsy mostly had very little or no support. There is no facet of the parents' lives which is not affected by their children's condition and the impact on their lives is severe.
The court was told that it was mostly the mothers of these children who carried the brunt.
The court awarded the R13.1m to the mother for the child's medical costs, as well as for her to adapt her home to make it more comfortable for the child.
The mother will now also be able to employ a caregiver to help her with the child and to send the child to a special school, as recommended by the experts. The court was told that the child will never live a normal life, but these aids will simply make life a little easier.
Pretoria News