The government and minister of health and social services have been ordered to pay N$1 million to a woman who suffered serious injuries when she gave birth to her first child at Otjiwarongo State Hospital in February 2019.
Nurses who attended to the woman while she was in labour at the hospital were negligent, and their negligence caused the injuries the woman suffered when she gave birth, judge Boas Usiku found in a judgement delivered in the Windhoek High Court on Friday.
Usiku awarded the woman N$400 000 in damages for inconvenience, discomfort and loss of amenities of life, N$300 000 for emotional shock and trauma and N$300 000 for future medical expenses, including psychological treatment.
The woman, who sued the health minister and government for N$1.5 million, told the court she went to Otjiwarongo State Hospital at about 07h00 on 19 February 2019 to give birth, after she had gone into labour.
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She was 19 years old at the time and pregnant with her first child.
She eventually gave birth to a healthy baby around 21h00, but suffered a fracture to her pelvic bone and a dislocated left hip, she told the court.
She also testified that after the delivery of her baby she was transported to Katutura Intermediate Hospital, where she underwent surgery and was hospitalised for six weeks while being unable to walk.
Usiku summarised part of her testimony about her the treatment she received at Otjiwarongo State Hospital: "She recounted that the day shift nurses were polite but inattentive, while the night shift nurses were cruel and assaulted her both verbally and physically."
Usiku also recorded: "During labour, the plaintiff alleges that she was slapped, insulted and physically restrained by the nursing staff. One nurse allegedly knelt on her abdomen, while others forcefully handled her during the delivery process."
According to the plaintiff, the experience at Otjiwarongo State Hospital has left her emotionally scarred and fearful of giving birth again, and she continues to experience chronic pain.
An obstetrician and gynaecologist, Dr Godfrey Sichimwa, testified as an expert witness appointed by the court.
Usiku recounted part of his testimony: "He emphasised that it is not standard practice for nurses to forcibly pull apart a mother's legs during delivery. In cases where a mother is uncooperative or in severe pain, the appropriate course is to call a doctor to consider a caesarean section, rather than proceed with manual force."
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Sichimwa also testified that the plaintiff should not have been denied a caesarian section "and that excessive pulling of her legs likely contributed to her injury", which he said could have been prevented by earlier medical intervention, Usiku noted.
According to Sichimwa, the plaintiff did not suffer a fracture of her pelvic bone and dislocation of her left hip as claimed by her, but normally joined parts of her pubic bone were separated during the birth process.
Usiku stated: "Dr Sichimwa asserted that there was probably negligence on the part of the hospital staff in using excessive force in pulling the plaintiff's legs apart. In his view, had the medical staff called a doctor, the plaintiff would most likely have been offered the choice of a caesarean section."
On the evidence presented to the court, it was proven that the hospital staff were negligent in the management of the plaintiff's labour, Usiku concluded.
"The plaintiff was met with much disdain from the nursing staff and her pleas for intervention were ignored," Usiku commented.
The plaintiff was represented by lawyer Julian Comalie, instructed by FB Law Chambers.
Government lawyer Mkhululi Khupe represented the government and health minister.
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