A Vosloorus mother is claiming R 23-million from Brenthurst Clinic in Johannesburg after her son was born with severe brain damage.
Edith Nombulelo has told Independent Newspapers that the brain damage resulted in cerebral palsy, seemingly caused by a delay in assisting her when the baby was in distress.
Nombulelo says the doctor only arrived well after being called, and hospital staff spent half an hour looking for keys to the theatre where she was to be operated on.
The claim is ongoing, but the doctor has settled his part of the claim.
Joanne Joseph spoke to Medical Law Department head at DSC Attorneys, Johann Roux to unpack the case.
The doctor seemingly has admitted guilt on his part. From what I have gathered, the hospital has disputed that they are liable and intend on fighting the matter going forward.— Johann Roux, Head of Medical Law Department - DSC Attorneys
He explains the doctor's pay off arrangement.
If a doctor has made a pay off arrangement like they have done in this matter, he probably does not have insurance in place. The insurance companies always make lump sum payments.— Johann Roux, Head of Medical Law Department - DSC Attorneys
He says hospitals and doctors are completely different entities.
If there is an incident of very gross negligence on the part of the doctor, there is a chance the hospital could say they are now reviewing their working relationship with this doctor and can deny him further privileges at their hospital. In private practice they are two different entities, the doctors are not employed by the hospital.— Johann Roux, Head of Medical Law Department - DSC Attorneys
Click on the link below to hear more from Roux...