State settles 'medical negligence' lawsuit
Parents sued after loss of 10-year-old daughter
The girl's parents, who were ready to go to trial, had initially claimed nearly N$2 million in damages from the defendants.
The health ministry has agreed to settle a civil lawsuit in which the parents of a 10-year-old girl who died after a tonsillectomy sued the health ministry for about N$1.9 million in damages.
The amount agreed upon by the parties to settle the matter instead of going to trial has not been disclosed to the public. According to the death certificate, Thewelensia /Naris's and Stanley Gowaseb’s daughter died from inhaling blood and asphyxiation, as well as due to severe blood loss after the surgery she underwent at Khorixas Hospital.
The incident occurred six years ago, and the lawsuit against the health ministry and government was filed in the High Court in Windhoek in April 2021.
According to a reliable source close to the case, /Naris and Gowaseb and their legal representatives from the Legal Assistance Centre (LAC) were prepared for the case to be heard, but the ministry and the State were in favour of reaching a financial settlement.
Court documents showed the parties met twice for court-facilitated mediation – in March 2022 and October 2022 – and both times were unsuccessful.
A pre-trial order issued in March of this year noted that all parties were ready to begin trial. Despite this, the parties decided to settle this month.
Deadly turn of events
In her claim filed at court, /Naris recounted that she took her daughter for medical treatment in April 2018, and her child was subsequently scheduled for a tonsillectomy.
According to the details of the claim, there were no signs of chronic illnesses or any history of bleeding in the child at that time.
Shortly after the surgery, the girl reportedly began bleeding from her mouth and was returned to the operating room to determine the cause of the bleeding, but no active bleeding was observed during the procedure. On 11 April 2018, one day after the surgery, she was discharged.
Two days after the surgery, /Naris took her daughter back to the hospital because she had begun vomiting blood at home and was experiencing general weakness.
/Naris said her daughter, who also did not have an appetite, was consequently admitted for observation. Three hours after being readmitted to the hospital, the ten-year-old again began vomiting blood and was taken back to the operating room, but according to the court documents, no active bleeding was observed once again. She reportedly received two units of blood and was returned to the general ward in a stable condition. Twenty-four hours later, she reportedly went for a walk outside the ward when she began to bleed again. The girl died despite alleged efforts to save her life.
'Failure to perform duties'
/Naris and Gowaseb claimed their daughter’s death was caused by the negligence of the state hospital and the staff's failure to perform their duties. The health ministry sought the expert opinion of Dr Martha Konstantin, an ear, nose, and throat (ENT) specialist.
According to the clinical records, the patient (the child) began vomiting 800 ml of blood with clots.
“I was not present during the patient's clinical examination, but based on the doctors' notes and findings, I agree that the medical history and clinical examination could have been more thorough,” she stated.
– [email protected]
The amount agreed upon by the parties to settle the matter instead of going to trial has not been disclosed to the public. According to the death certificate, Thewelensia /Naris's and Stanley Gowaseb’s daughter died from inhaling blood and asphyxiation, as well as due to severe blood loss after the surgery she underwent at Khorixas Hospital.
The incident occurred six years ago, and the lawsuit against the health ministry and government was filed in the High Court in Windhoek in April 2021.
According to a reliable source close to the case, /Naris and Gowaseb and their legal representatives from the Legal Assistance Centre (LAC) were prepared for the case to be heard, but the ministry and the State were in favour of reaching a financial settlement.
Court documents showed the parties met twice for court-facilitated mediation – in March 2022 and October 2022 – and both times were unsuccessful.
A pre-trial order issued in March of this year noted that all parties were ready to begin trial. Despite this, the parties decided to settle this month.
Deadly turn of events
In her claim filed at court, /Naris recounted that she took her daughter for medical treatment in April 2018, and her child was subsequently scheduled for a tonsillectomy.
According to the details of the claim, there were no signs of chronic illnesses or any history of bleeding in the child at that time.
Shortly after the surgery, the girl reportedly began bleeding from her mouth and was returned to the operating room to determine the cause of the bleeding, but no active bleeding was observed during the procedure. On 11 April 2018, one day after the surgery, she was discharged.
Two days after the surgery, /Naris took her daughter back to the hospital because she had begun vomiting blood at home and was experiencing general weakness.
/Naris said her daughter, who also did not have an appetite, was consequently admitted for observation. Three hours after being readmitted to the hospital, the ten-year-old again began vomiting blood and was taken back to the operating room, but according to the court documents, no active bleeding was observed once again. She reportedly received two units of blood and was returned to the general ward in a stable condition. Twenty-four hours later, she reportedly went for a walk outside the ward when she began to bleed again. The girl died despite alleged efforts to save her life.
'Failure to perform duties'
/Naris and Gowaseb claimed their daughter’s death was caused by the negligence of the state hospital and the staff's failure to perform their duties. The health ministry sought the expert opinion of Dr Martha Konstantin, an ear, nose, and throat (ENT) specialist.
According to the clinical records, the patient (the child) began vomiting 800 ml of blood with clots.
“I was not present during the patient's clinical examination, but based on the doctors' notes and findings, I agree that the medical history and clinical examination could have been more thorough,” she stated.
– [email protected]
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