Judge lashes department for reckless #litigation

KZN’s Department of Health has received a judicial tongue-lashing, first for an ‘astounding’ lack of care given to a mother who gave birth to a brain-damaged baby, and then for wasting money by fighting her #damages claim, says a News24 report. Acting Judge Sandhya Mahabeer, in a recent #judgment, said it should have been obvious from the ‘joint minutes’ signed by medical experts representing the mother, Nokwanda Charlotte Mqadi, and the department that ‘the claim was indefensible’. ‘But it proceeded to trial anyway,’ the judge said, ordering the department to compensate Mqadi for damages relating to the future care of her son and all legal and medical costs. Mqadi's attorney Michael Friedman added that the costs could be as much as R500 000. The claim – which would be settled either through negotiation or at a future trial – would be in the region of R15 to R20m. ‘What this judgment highlights is that the department litigates recklessly without thought to costs. Also, they prevented this child from receiving treatment which he has needed since birth which is an abuse of his human rights,’ Friedman said.