Molepolole family sue MoH for P1.9m


A Molepolole family has slapped the Ministry of Health (MoH) with a P1, 9 million claim for alleged negligence by a Scottish Livingstone Hospital nurse who administered an injection on their new born child.

In the statutory notice of intention to sue, the family lawyer, Martin Dingake, said on 3 March, 2015 immediately after first plaintiff, a 20 year-old old mother, gave birth to third plaintiff, the nurse administered an injection for vitamin K (insulin) on the infant. The medical records of small child show that the injection was post delivery and given at birth. Dingake said it seemed the claimants have not been sufficiently informed that upon administering the injection by the nurse and when the syringe was withdrawn, the needle remained stuck in the right thigh of baby. The nurse was not able to immediately trace it.

The lawyer said the said nurse took baby for an X-ray where the needle could be seen inside the baby’s thigh. There have been two further subsequent X-rays conducted on the baby which all show the movement of the needle inside the thigh. In some instances the needle is lying horizontally and in others, vertically. In the latest X-ray the needle is moving in the upper direction of third claimant’s body.

Two doctors at Scottish Livingstone Hospital who attended to the child assured the claimants that the needle would not be able to come out on its own. The doctors have said it is medically impossible for any surgical procedure to be undertaken on the baby to remove the needle, and their efforts to solicit assistance at Princess Marina Hospital and Bokamoso have hit a snag.

Dingake is arguing that the nurse failed to exercise reasonable skill and as such negligently failed to ensure that the needle was properly fitted to the syringe either at the time administering the injection or prior. She used more force than was required in administering the injection on the infant. She also used more force than was necessary in withdrawing the needle after administering the injection on the baby. She was generally careless in handling the administration of the injection on child.

As a result of the nurse’s negligence on the claimants they have suffered damages to a total of P1, 960,000.00. These include medical expenses, loss of capacity, pain and suffering, future medical expenses, emotional shock and trauma and loss of enjoyment of amenities of life.

The first claimant is the mother to a minor born on March 3, 2015 Scottish Livingstone Hospital, Molepolole. The baby’s grandmother is the second claimant, while the baby is registered as the third claimant. 

The second claimant provides for both the first and third claimants and are generally under her care and attention. The names of the claimants are concealed to protect the identity of the child.

The Attorney General is still to respond to the notice.

Editor's Comment
What about employees in private sector?

How can this be achieved when there already is little care about the working conditions of those within the private sector employ?For a long time, private sector employees have been neglected by their employers, not because they cannot do better to care for them, but because they take advantage of government's laxity when it comes to protecting and advocating for public sector employees, giving the cue to employers within the private sector...

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