Mother claims negligence led to son’s brain injury, seeks N$1.1 million
A grieving mother is suing the health ministry for N$1.1 million, claiming that negligence by medical staff at Windhoek State Hospital during the birth of her son in December 2017 led to a brain injury that affected him throughout his brief life.
Brain scans presented as evidence in the Windhoek High Court lawsuit filed by Namwi Nyambe show that her son, Isaac Mafale, suffered oxygen deprivation before, during or after birth, resulting in improper brain development.
Mafale passed away in January 2024, a month after his seventh birthday, after experiencing a severe seizure.
Nyambe believes the brain damage sustained by her son was caused by a breach of a duty of care and the wrongful, negligent actions of the medical personnel involved.
In her lawsuit, Nyambe recalls that in 2017, on Christmas Day, 25 December, when she was nine months pregnant, she arrived at Windhoek Central Hospital in the early hours of the morning, complaining of breathing difficulties.
She was promptly admitted and her vital signs were monitored and recorded.
After an examination and medical tests, the medical staff allegedly informed her that the baby was in distress due to an irregular heartbeat.
Shortly afterwards, a medical doctor, referred to as Dr Nawa in court documents, allegedly informed Nyambe that a caesarean section would be performed later that day.
“However, I was later informed that the surgery was cancelled and instead, I would be induced the following day so I could give birth naturally.”
New life
At 9:00 the following morning, court documents say a nurse administered medication to Nyambe to induce labour, after which she gave birth to a baby boy.
However, she noticed that he did not cry. “He was admitted to the neonatal intensive care unit and placed on an oxygen machine," she tells the court.
On 27 December, Nyambe says she noticed that the baby was experiencing a seizure – the first of many more.
Almost a year later, in September 2018, he suffered another severe seizure, followed by frequent episodes over time, Nyambe says.
In the years that followed, Nyambe says she also observed developmental delays in her son. As his condition worsened and seizures became more frequent, she sought help from various medical and specialist doctors.
Doctor’s version
The health ministry obtained a witness statement from Dr Angella Nawa, in which the doctor confirmed that she had been on shift during the birth of Nyambe's son.
She informed the court that during her shift and routine monitoring, she encountered Nyambe, who had been admitted as planned from her last antenatal clinic visit for elective induction of labour.
"I further noted that the patient had been diagnosed with a condition called polyhydramnios. I personally discussed the condition and its effect with Nyambe. Despite her diagnosis, I did not observe any other factor that may be a risk to her and her unborn baby. As such, I recommended on the checklist that she is stable enough to be induced for labour within 24 hours".
Polyhydramnios is when a pregnant woman has too much amniotic fluid during pregnancy. Amniotic fluid is the liquid that surrounds the foetus in the uterus.
Nawa denies having advised Nyambe that the baby’s heart is in distress, which would justify a caesarean section.
The case before judge Eileen Rakow has been postponed to April 15 for a status hearing.
Brain scans presented as evidence in the Windhoek High Court lawsuit filed by Namwi Nyambe show that her son, Isaac Mafale, suffered oxygen deprivation before, during or after birth, resulting in improper brain development.
Mafale passed away in January 2024, a month after his seventh birthday, after experiencing a severe seizure.
Nyambe believes the brain damage sustained by her son was caused by a breach of a duty of care and the wrongful, negligent actions of the medical personnel involved.
In her lawsuit, Nyambe recalls that in 2017, on Christmas Day, 25 December, when she was nine months pregnant, she arrived at Windhoek Central Hospital in the early hours of the morning, complaining of breathing difficulties.
She was promptly admitted and her vital signs were monitored and recorded.
After an examination and medical tests, the medical staff allegedly informed her that the baby was in distress due to an irregular heartbeat.
Shortly afterwards, a medical doctor, referred to as Dr Nawa in court documents, allegedly informed Nyambe that a caesarean section would be performed later that day.
“However, I was later informed that the surgery was cancelled and instead, I would be induced the following day so I could give birth naturally.”
New life
At 9:00 the following morning, court documents say a nurse administered medication to Nyambe to induce labour, after which she gave birth to a baby boy.
However, she noticed that he did not cry. “He was admitted to the neonatal intensive care unit and placed on an oxygen machine," she tells the court.
On 27 December, Nyambe says she noticed that the baby was experiencing a seizure – the first of many more.
Almost a year later, in September 2018, he suffered another severe seizure, followed by frequent episodes over time, Nyambe says.
In the years that followed, Nyambe says she also observed developmental delays in her son. As his condition worsened and seizures became more frequent, she sought help from various medical and specialist doctors.
Doctor’s version
The health ministry obtained a witness statement from Dr Angella Nawa, in which the doctor confirmed that she had been on shift during the birth of Nyambe's son.
She informed the court that during her shift and routine monitoring, she encountered Nyambe, who had been admitted as planned from her last antenatal clinic visit for elective induction of labour.
"I further noted that the patient had been diagnosed with a condition called polyhydramnios. I personally discussed the condition and its effect with Nyambe. Despite her diagnosis, I did not observe any other factor that may be a risk to her and her unborn baby. As such, I recommended on the checklist that she is stable enough to be induced for labour within 24 hours".
Polyhydramnios is when a pregnant woman has too much amniotic fluid during pregnancy. Amniotic fluid is the liquid that surrounds the foetus in the uterus.
Nawa denies having advised Nyambe that the baby’s heart is in distress, which would justify a caesarean section.
The case before judge Eileen Rakow has been postponed to April 15 for a status hearing.
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