The ruling that mandated MEC Phophi Ramathuba to reimburse a patient for damages exceeding R4-million is being “studied”, according to the Limpopo department of health.
During the delivery of her second child at a provincial public hospital, the 27-year-old woman suffered burns to her chest and breasts.
When contacted, Ramathuba declined to comment and referred Sunday World to Neil Shikwambana, the spokesperson for the department.
“We are aware of the judgment. Our legal team is still studying the judgment. Shikwambana told Sunday World.
“That will inform the next course of action. We therefore reserve the right not to comment in detail right now.”
Ruling in favour of the patient
Last week, Limpopo High Court division Deputy Judge President Violet Semenya issued a ruling ordering Ramathuba to pay Geldy Tiisetso Mohlala a total of R4 441 570.
This amount is meant to cover Mohlala’s general compensation, loss of earnings, and future medical costs.
The court ordered that the amount be paid into the bank account of Mohlala’s lawyers, NM Mabunda Attorneys.
The court stipulated that R400 000 of the total amount must go towards Mohlala’s compensation and that R300 000 should be used to pay for her ongoing medical needs due to the burns she sustained and the scars she still has.
Semenya also ordered that Ramathuba pay the costs of Mohlala’s two counsel.
“The defendant [Ramathuba] shall pay the sum of R4 441 570 in full and final of the plaintiff’s [Mohlala] claim, and the said amount is payable into the following bank account [bank account of NM Mabunda Attorneys],” ruled Semenya.
Mohlala could not be reached for comment.
Mohlala filed a compensation application with the Limpopo High Court in October 2023, citing burns to her breasts and chest sustained on May 6 2017, while giving birth to her second child at Maphutha L Malatji Hospital in Phalaborwa.
Mohlala was 20 years old when she fell victim to hospital staff members’ medical negligence.
MEC acknowledged responsibility
Ramathuba entered a plea during the trial, denying any responsibility for Mohlala’s serious injuries. She did, however, eventually acknowledge that she was responsible for Mohlala’s wounds.
However, Mohlala and Ramathuba could not agree on the sum that needed to be paid for Mohlala’s compensation, which is why the matter ended up in court.
Mohlala asked Ramathuba to pay R2-million in damages, but the MEC countered that R200 000 should be paid as compensation.
In May 2017, Mohlala went to Maphutha L Malatji Hospital to give birth to her second child, as per her testimony in court.
Upon realising that her labour was getting longer, the hospital’s nurses made the decision to consult a doctor.
The baby was to be delivered by caesarean section once the doctor arrived, following the administration of local anaesthesia.
Hot water bottle
“During the course of the operation, she [Mohlala] complained that she was feeling cold,” said Semenya.
“One of the nurses decided to put a hot water bottle on her chest to make her feel warm. She thereafter told the medical staff that she was feeling pain in her chest. She later discovered that the hot water bottle had burned her chest.
“She remained in the hospital for three days, during which the blisters caused by the burns were treated. She was told not to breastfeed the baby.
“She was discharged after three days and went home. She returned to the hospital when her injuries were getting worse and was admitted for two months.”
Mohlala was a full-time employee at the tavern at the time of the incident, handling cooking, cleaning, and serving alcohol to customers, and was earning R2 500 a month.
She said she wanted to go back to work after giving birth but could not do so because of her injuries. She is currently unemployed.
She stated that she intended to use the funds her late father had set aside for her education to pursue a human resources or marketing course at a further education and training college.
Rather, Mohlala, who sought advice from multiple specialists following the event, utilised the funds to purchase infant formula as she was unable to breastfeed her child as a result of her injuries.
Breasts are permanently disfigured
The court heard testimony from experts demonstrating that Mohlala’s breasts are permanently disfigured and that her inability to breastfeed her child, which she views as a missed opportunity to form a strong bond with her child, has psychologically affected her.
Her breasts ooze pus and serous fluid.
After giving birth, Mohlala participated in community work programmes and earned R840 a month.
Her breasts would hurt whenever they touched, so she would place a cloth between them to prevent this from happening.
She would, however, feel pain if she worked in a warm or hot atmosphere and felt pain whenever she bent down.
“The plaintiff suffered pain while she was undergoing a caesarean section. All she could do was alert the medical staff that she was feeling pain,” Semenya said.
“It was only after her relative took a photo of her chest that she realised the extent of her injuries. She could not breastfeed her baby because of the painful blisters on her breast.
“Her scars are unsightly.”