Govt to pay N$300 000 over boy’s loss of arm

The mother of a boy whose left arm was amputated in 2019 when he was six years old will be paid N$300 000.

This is the result of a medical negligence claim filed against the government.

The settlement agreement between the mother of the boy, the government and the minister of health and social services was made an order of the High Court last week.

In terms of the order, the government and health minister agreed to pay the mother an amount of N$100 000 for her son’s pain and suffering and N$200 000 for his loss of physical abilities due to the amputation of his left arm.

It was also agreed that the state will provide the boy with the artificial body parts he may need in future due to the loss of his arm.

In the claim filed by the boy’s mother in May last year, the court was informed that the boy’s left arm was fractured when he fell while playing at a school at Maltahöhe on 7 October 2019.

The boy was six years old at that stage.

After he suffered the fracture, he was taken to a health centre at Maltahöhe and then transported to Mariental for medical treatment.

At a state health centre at Mariental, a cast was placed on the boy’s arm and he was discharged.

Eight days later, the boy’s grandmother noticed that his arm was swollen, turning dark and blisters had formed on the arm, it was recounted in the mother’s claim.

The boy was then transported to Mariental Health Centre for observation.

Medical personnel at the health centre prescribed medication for pain relief and sent the boy home the same day, after concluding that his broken arm was in a good condition, it was stated in the claim filed at the court.

Two days after that, the boy was again taken to Mariental Health Centre.

On 22 October 2019, the boy was referred to Katutura Intermediate Hospital in Windhoek for further observation and medical treatment.

After the boy’s arrival at Katutura Intermediate Hospital, his mother was informed it was too late to save his arm and that the limb would have to be amputated.

According to medical records filed at the court, the boy’s left arm was amputated below the elbow on 26 October 2019.

A second operation on the boy was carried out on 20 November to extend the amputation to above his elbow, after tissue in the part of his arm remaining below the elbow had died.

In her claim against the government and minister of health and social services, the boy’s mother alleged that medical staff at Mariental Health Centre were negligent and did not thoroughly examine her son’s arm when he visited the centre on 15 October 2019 and that their negligence resulted in the amputation.

The boy’s mother initially sued the government and health minister for a total amount of N$3 million.

In a plea filed at the court, government lawyer Phelem Like agreed that the medical staff at Mariental Health Centre were required to not act negligently.

The medical staff at Mariental “exercised due care and skill” in their treatment of the boy, Like stated as well.

The settlement was reached during mediation at the High Court in November last year.

Judge Beatrix de Jager made the settlement agreement, which was signed in July, an order of the court on Wednesday last week.

The boy’s mother was represented by Wilbard Kagola of the law firm Henry Shimutwikeni & Co Inc.