A paediatrician has been found liable in a multimillion-rand medical negligence claim launched by the parents of a young girl with cerebral palsy.
The order signals a new beginning for the young Despatch parents, who will finally have the financial means to support the little girl who cannot talk, hear or see properly.
Just days into the trial, the gruelling evidence of how the now 10-year-old girl had become brain damaged and wheelchair-bound through a series of incorrect decisions was brought to a halt, after an out-of-court agreement was reached between counsel for the aggrieved family and Dr Charmaine van Heerden.
The parents, who had been fighting for justice for their daughter for almost a decade, said they were relieved the matter was nearing finality.
The mother, 32, and father, 37, who have since divorced, had detailed in papers before the Port Elizabeth High Court how every prospect of a normal life had been stripped away from their daughter, who would require specialist care for the rest of her life.
Speaking through their lawyer, Morne Struwig, shortly after the agreement was made an official order of court on Monday afternoon, the woman said she was still waiting for the news to sink in.
“The parents say they are thankful the case has reached this point,” Struwig said, adding that they were very emotional.
The case against Netcare Greenacres Hospital – the second defendant in the matter – was accordingly dismissed.As the trial started last week, an expert witness testified how it was his view Van Heerden had used an incorrect ventilator setting when the infant suffered a collapsed lung.The court also heard how Van Heerden had failed to issue a surfactant timeously.While the parents were claiming a total of nearly R23m in respect of general damages, past and future medical expenses, pain and suffering, disfigurement and loss of amenities of life, the issue of quantum is still to be decided.A date for the quantum to be argued has not yet been set.Acting judge Nicky Mullins had ruled that the identity of the parents and the child not be disclosed.The liability finding will come at a great cost for Van Heerden – or her insurance company – who was also ordered to cover all legal fees incurred by the parents to date.No order was made in respect of the legal costs of Greenacres Hospital, represented by advocate Barry Roux SC.Van Heerden’s lawyer, Karen Lee, declined to comment.The order reads: “The first defendant [Van Heerden] is ordered to pay the plaintiffs both in their personal capacities and representative capacities as parents and natural guardians of their daughter for all damages suffered by them after her birth by caesarian section at approximately 5am on 21 November 2008.”The parents had slapped Van Heerden, who has since relocated to Windhoek in Namibia, and the private hospital with the civil claim, alleging that the specialist doctor’s actions straight after their baby’s birth on November 21 2008 had stripped her of any prospects of a normal life.The premature baby was delivered via an emergency caesarian section while her mother was just more than 32 weeks pregnant and had experienced complications.The couple said their daughter was still dependent on nappies and medication and was permanently in pain.She had undergone numerous surgeries, was vulnerable to respiratory infections and suffered from epilepsy.Van Heerden was present at the delivery and immediately took over the management of the infant’s care.Van Heerden treated the baby for the next 41 days.Greenacres Hospital manager Andre Bothma said they had an incredible amount of sympathy for the girl’s parents.“This is an extremely sad case, which has also deeply affected the management and staff at the hospital,” he said.“We trust that the court proceedings have at least provided the parents with some answers ... and that this will assist them in some small way in finding a measure of closure.“The management and staff at Greenacres realise the road ahead for the parents and their daughter will not be an easy one and we wish them strength for the future.”