– Across South Africa, medical errors resulting in brain damage in newborn babies are disturbingly common.  

This is according to Kirstie Haslam, partner at DSC Attorneys, who says that according to a Saving Babies report on perinatal mortality in South Africa, intra-partum asphyxia, or deprivation of oxygen, accounts for 66.3% of all deaths in “term babies that were still alive intra-uterine on admission to the labour ward.”

Of these deaths, the report states that 72% occurred in mothers with no obstetric condition and 53.4% of avoidable factors were medical-personnel related.

Haslam says that the statistics are as serious with babies who were born alive but later died. In 64.9% of cases, hypoxia is the main cause of death.

“Birth-related trauma has been linked to the country’s unusually high prevalence of cerebral palsy among children,” she adds. “South Africa’s incidence rate of 10 cases per 1,000 births is almost five times greater than the global average.”

A study conducted by The Free Market Foundation found that cerebral palsy, and other birth-related injuries, account for 43.5% of all malpractice claims against state hospitals in South Africa.

Examples of South African cases: newborn brain damage due to medical negligence

PG vs Gauteng MEC for Health

In 2004, the mother of a child delivered in a local clinic sued for damages arising from medical negligence.

Nursing staff failed to monitor the mother and foetus, did not detect foetal distress and used a high-risk intervention to deliver the child.

As a result, the child suffered a hypoxic ischemic injury at birth, and was later diagnosed with cerebral palsy.

The court found the defendant liable for all damages, plus the plaintiff’s costs.

Hlongwane vs KZN MEC for Health

Due to a delayed and incorrect mode of delivery, infant Hlongwane sustained hypoxic ischemic injury resulting in brain damage. As a result of the injury, the child was severely mentally and physically disabled.

A total of R23 million in damages was claimed on behalf of the plaintiff, of which R1,529,766.51 was ordered as an interim payment. The case was postponed due to the COVID-19 pandemic.

Madela vs KZN MEC for Health 

In 2010, negligence by medical and hospital personnel during the birthing process resulted in serious brain injury to infant Amile Madela.

The child was left severely physically and mentally impaired, had difficulty eating, and, at 14 months of age, was diagnosed with cerebral palsy.

The court ordered the defendant to pay a total of R6,548,998 in damages – R1.6 million for general damages and R4,948,998 for loss of earnings.

Most common causes of brain damage in infants

Haslam cites the most common causes of brain damage in newborns:

Hypoxia, when the brain doesn’t get sufficient oxygen before, during and after birth.

Bacterial and viral infections, such as meningitis, impair foetal brain development.

Physical injury, resulting from vacuum delivery or the use of forceps with excessive force, cause severe injury to the infant’s head and brain.

Stroke, due to low oxygen levels in the infant’s blood or lack of optimal blood flow.

Avoidable brain damage in newborns: causes that constitute negligence

With the best medical care, Haslam says that not all instances of brain damage can be avoided. However, in a significant proportion of cases medical negligence may be directly to blame.

She says that key causes of avoidable brain damage in infants are:

• inadequate foetal monitoring
• substandard care related to resuscitation
• misuse of forceps during delivery
• failure to manage a breech birth
• undetected umbilical cord prolapses
• delays in inducing labour
• failure to deliver by Caesarean section
• undetected foetal distress.

What to do if you have a claim

If you believe medical malpractice is the cause of brain damage to your newborn, Haslam says that you may have a legitimate claim for damages.

“These cases are medically and legally complex so to get the pay-out you deserve, contact an attorney who is experienced and skilled in medical negligence claims,” she concludes.

For more information visit www.dsclaw.co.za