The Mitchell's Plain Midwife Obstetrics Unit (MOU) has been at the centre of a landmark medico-legal case, resulting in a significant victory for the plaintiff.
Cape Town - A Mitchell’s Plain mother has won a case against the Western Cape Department of Health after staff at the Mitchell’s Plain Midwife Obstetric Unit (MOU) were found negligent during the birth of her son.
The court found that the staff’s actions caused shoulder dystocia, which led to a brachial plexus injury and Erb’s palsy. The woman, who gave birth in 2010 said staff did not follow proper procedures when it became clear she was experiencing complications. Court papers showed that correct steps could have prevented the injury.
There was an eight-minute delay between the delivery of the baby’s head and the body. The baby was transferred to Mowbray Maternity Hospital, where he suffered seizures was later diagnosed with hypoxic- ischaemic encephalopathy (HIE).
The woman called several experts to testify including the midwife obstetrician, paediatrician, neurologist, and professor of radiology. The department of health relied on testimony from a staff nurse and specialist obstetrician.
A midwife testified that nursing records at the MOU were inadequate. “There were no records detailing the progression of labour, particularly the second stage... the mention of the shoulder dystocia was a brief report written after delivery, the witness said.
The court heard that bruising and swelling on the baby’s right arm suggested the standard McRoberts manoeuvre was not performed.
The defendant admitted in their medico legal report that the baby’s condition was linked to delivery delays, low oxygen levels and seizures.
Acting Judge Rehana Parker found the department liable.
“It is also unclear how the baby sustained an injury to the right arm in the absence of such recordings to clarify the manoeuvres that were executed and whether the McRobert’s manoeuvre was executed,” she said.
The judge ordered the department to pay damages and cover the plaintiff’s legal fees.