Women awarded R4.4m in hot-water bottle case

A HOT-WATER bottle, placed on the chest of a woman giving birth in a bid to keep her warm, will cost the Limpopo health authorities more than R4.4 million after the woman suffered severe burns and scarring.

The plaintiff, only identified as Miss M, turned to the Limpopo High Court, sitting in Polokwane, where she claimed millions in damages from the Limpopo MEC for Health.

The court was told she was so badly burnt that she can no longer do strenuous work.

The incident also left her depressed and self-conscious.

The plaintiff said the nursing staff who placed the hot-water bottle on her chest were negligent. The MEC at first denied any liability for Miss M’s injuries, but the department later had a change of heart and accepted 100% liability for what had happened.

Her nightmare ordeal started in May 2017, when she was taken to the Maphutha L Malatji Hospital in Phalaborwa to give birth to her second child.

The nurses at the hospital decided to call a doctor when they realised that her labour was going on for a prolonged time. The doctor arrived and decided to deliver the baby by Caesarean section after a local anaesthesia was performed.

During the operation, Miss M complained that she was feeling cold. A nurse decided to put a hot-water bottle on her chest to warm her up.

Miss M told the medical staff that her chest was hurting from the hotwater bottle, but nothing was done about it.

She only found out that her chest had been burned by the hot-water bottle when a relative noticed it later.

She remained in hospital for three days, during which the blisters caused by the burns were treated. She was told not to breastfeed the baby. Miss M returned to the hospital when her injuries became worse. This time, she had to spend two months in hospital.

At the time of the incident, she was working at a tavern on a fulltime basis. Her job description entailed cooking, cleaning and selling liquor to patrons.

She testified that she wanted to go back to work after giving birth but could not because of the injuries. She wanted to further her studies at a FET college, to do a course in human resources or marketing, with the money her late father had put aside for her education.

However, she had to use that money to buy formula for her baby as she could not breast-feed due to the injuries she sustained. Her mother, who died shortly after the baby’s birth, was willing to take care of her baby while she was studying.

After giving birth, Miss M did community work programmes, but experienced pain whenever she worked in a hot or warm environment. She would put a cloth between her breasts to avoid discomfort or pain caused when the two breasts came into contact. She also experienced pain each time she bent down.

A medical expert testified that Miss M’s breasts cause her pain whenever she lies down because the breasts no longer fall naturally. He further stated that her breasts are permanently disfigured, which she is conscious of and is taking measures to conceal. She is no longer comfortable to expose her breasts to other people while taking a bath. She also wears clothes that completely cover her breasts.

According to the expert, the plaintiff is further psychologically affected by her inability to breast-feed her baby as her breasts were oozing pus. She considered this a missed opportunity to bond with her baby.

She had also considered a modelling career before the incident, which is now out of the question as the marks on her breasts and chest are said to be “ugly”.

It is also said that the plaintiff is not comfortable to undress in front of her partner and has stopped swimming as a result of the scars.

Judge Violet Semenya said she had the opportunity to see the scars caused by the burns on the plaintiff’s chest and breasts in the pictures attached to the court papers and she agrees regarding the impact of the burns and scars on the plaintiff’s self-esteem.

In deciding the amount of general damages to award, the judge said the plaintiff suffered pain while she was undergoing a Caesarean section. All she could do was alert the medical staff that she was feeling pain. It was only after her relative took a picture of her chest that she realised the extent of her injuries.

The judge ordered the MEC to pay the woman R4.4m, which included compensation for further medical expenses, loss of earnings and general damages.