Mother's R28.2 million claim dismissed after Supreme Court finds no negligence in child's injury.
A mother who sought R28.2 million in damages after her son suffered severe brain damage resulting in cerebral palsy has lost her legal battle against the Eastern Cape Department of Health after the Supreme Court of Appeal (SCA) found that the child’s injury was caused by an infection that developed before labour.
The case concerned U K, who suffered a serious brain injury around the time of his birth at Dora Nginza Provincial Hospital in Gqeberha. His mother, N K, claimed that negligent treatment by hospital staff during her prolonged labour caused or contributed to the injury.
The legal battle stems from events in March 2019, when the mother, N K, then in her twenties, endured severe, excruciating abdominal cramps and underwent repeated medication administrations to induce labour, alongside multiple vaginal examinations.
Despite her deteriorating state and prolonged induction spanning 96 hours, medical staff failed to properly monitor her or perform a timely caesarean section. When delivery reached its final stages, the young mother was left largely unassisted, crying for help and pushing until she collapsed from exhaustion. Nurses attempted fundal pressure—pushing on her abdomen—and tried repeatedly to use a vacuum extractor before a doctor arrived to deliver the child.
