The North West department of health has been ordered to pay R3 923 536 for a child who suffers from cerebral palsy.
The North West High Court in Mahikeng delivered the ruling on Monday after the mother of the victim sued for damages in her individual capacity and on behalf of the child.
According to the court order, the child, who was born at one of the hospitals in the province, was diagnosed with neonatal encephalopathy.
The child lives with cerebral palsy
A baby’s lack of oxygen during birth is a common cause of the syndrome known as neonatal encephalopathy, which involves disturbed neurological function.
The child later experienced intrapartum hypoxia, a condition of impaired blood gas exchange that may lead to metabolic acidemia in the neonate, a baby who is four weeks old or younger.
As a result, the child, who is now 12 years old, lives with cerebral palsy and needs complete assistance because he is unable to sit by himself.
The trial was finalised with the order that the department of health, social development and welfare was liable for 100% of all the proven damages suffered by the mother.
The paediatric neurologist who examined the minor child in 2013 came to the conclusion that the child had gastro-oesophageal reflux disease that required treatment.
Mentally disabled
“He is severely microcephalic at a skull circumference of 38.2cm. The skull is misshapen, with a towering of the occipital posterior portion and scars from surgical drainage procedures seen on top bilaterally,” said judge Tebogo Djaje.
“The child had severe spastic cerebral palsy; all four limbs were involved but with different grades. The upper limbs have grade 4 spasticity and grade 2 in the legs.
“There were no contractures, but there was a very high risk of them developing should there be no skillful physiotherapy.”
Djaje stated that the medical experts have shared that the child is mentally disabled and has no ability to communicate verbally (besides with joy sounds) or communicate non-verbally by gestures.
Furthermore, the child needs very high-level care, comfort, and full-time attendance.
Loss of income
“I make the following order: It is recorded that liability had been settled in favour of plaintiff 100%.”
Djaje ruled that the department was liable to pay the mother R1 423 536 in respect of her loss of earning capacity and R2 500 000 in relation to general damages by way of a once-off payment payable within 14 days of the order.
This brings the total compensation to R3 923 536.
The issue of future medical expenses was, by agreement between the parties, postponed for determination at a later stage, and the trial proceeded only on loss of income and general damages.
