Premier sued after birthing ordeal

A JOHANNESBURG mother is suing Gauteng premier Nomvula Mokonyane for more than R35-million in damages after suffering a litany of horrors while giving birth at a government hospital.

First-time mother Prudence Khumbula has succeeded in two court cases so far by proving negligence and will now claim R25-million for her daughter Tanya, now 5, who became brain damaged and paralysed during birth.

Her lawsuit in the High Court in Johannesburg followed several acts of negligence during her initial admission at Edenvale Hospital, east of the city.

Khumbula, now 29, secured her latest victory last week when the court again found that the hospital was negligent in its handling of her as a patient, paving the way for her to claim R10-million for herself as well.

Dr Desmond Dayrythemple, a gynaecology and obstetrics specialist who testified for Khumbula, said in court papers that, prior to giving birth, she had high blood pressure and required urgent intervention because it was dangerous for both her and the baby.

He said staff at Edenvale Hospital were negligent because they failed to perform an immediate C-section.

Khumbule was later taken to Charlotte Maxeke Hospital after her condition worsened, where doctors could not do a C-section because she was already in an advanced stage of labour. After 13 hours Khumbula finally gave birth, but she suffered an eclamptic fit, brain injury and renal failure, which led to paraplegia.

She became wheelchair-bound for two years and lost her job as a sales consultant as a result.

Acting Judge Norman Kades, in his judgment, said: "I find that due to the negligence of the defendant's [staff] at the Edenvale Hospital, the plaintiff suffered excessive bleeding, an eclamptic fit, brain injury, renal failure and the paraplegia from which she now suffers." He ordered that Mokonyane should pay damages.

Khumbula's claim includes her past and future medical expenses of more than R3-million, past and future loss of income of more than R5-million and about R1-million for general damages. The case is scheduled to return to court in March, when it will be determined how much she will get.

Mokonyane was sued as premier of Gauteng and custodian of all government departments in the province.

Simon Zwane, spokesman for the Gauteng Health Department, said it had accepted liability in terms of both claims and would accept the outcome of the next court case.