Medical malpractice claims for blindness in infants

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DSC Attorneys specialises in personal injury claims, including road accident and medical malpractice claims, across South Africa. Based in central Cape Town, ... more

Topics Dispute Resolution | Personal Injury Law

18 Mar 2024

Medical malpractice claims for blindness in infants, especially due to the eye disease known as retinopathy of prematurity (ROP), are one of the most common types of claims in South Africa.

The incidence of retinopathy of prematurity – a leading cause of blindness in children – is increasing. According to one study, South Africa has joined a “third epidemic” of retinopathy of prematurity across middle-income countries.

A leading cause of malpractice claims

Advocate Ronel van Zyl, a senior state law adviser at the South African Law Reform Commission, told a publication recently that malpractice claims for retinopathy of prematurity are “quite common”.

The incidence of ROP malpractice claims is similar to that of cerebral palsy-type claims, which account for roughly half of all medico-legal claims in South Africa.

Claims for blindness in infants typically involve oxygen mismanagement in hospital neonatal units.

Why the incidence of ROP is rising in South Africa

One of the risk factors associated with prem babies is oxygen deprivation.

When born prematurely, the baby’s lungs, and the part of the nervous system that controls breathing, are not fully developed.

The administration of oxygen is key to reducing infant mortality. However, too much oxygen can cause the blood vessels in the baby’s retina to grow abnormally, a condition known as ROP.

When left untreated, the condition can lead to partial or total blindness.

In an uncomfortably high proportion of cases, poor or negligent management of oxygen in neonatal intensive care units (NICUs) is to blame.

The incidence of the disease is also higher because more premature infants survive than in the past. Preterm babies are most at risk.

Retinopathy of prematurity and medical malpractice

ROP is largely preventable and treatable. Prem babies of a specific weight and gestational age typically undergo screening examinations for the disease.

Early detection and treatment can successfully mitigate the risk of vision impairment.

Mild cases of the disease generally resolve on their own. With more serious cases, timing is crucial.

Delays in diagnosing and referring the baby for specialist treatment, including cryotherapy and retinal laser surgery, can have devastating results.

Unfortunately, not all healthcare providers follow the required protocols. A simple act or omission can extract a lifelong toll on the baby and the parents, emotionally and financially.

When it can be proven that one or more of the following acts or omissions occurred in the neonatal ICU, hospital or clinic, and it resulted in partial or total infant blindness, there may be grounds for a medical malpractice claim:

improper administration and/or monitoring of oxygen after birth
failure to screen an at-risk infant for ROP
failure to diagnose ROP
failure to treat ROP according to accepted standards and protocols
failure to refer the baby to an ophthalmologist for follow-up eye examinations.

South African malpractice claims for blindness in infants

Here is a brief round-up of successful ROP malpractice claims in South Africa.

Issa Simela vs. The Gauteng Department of Health

R20 million in damages was awarded in respect of an infant child who was given too much oxygen at birth, never screened for ROP, and her mother was not adequately informed of the risk. She contracted ROP as a result.

NN vs. the MEC for Health in Gauteng

The Pretoria High Court awarded R12,777,819 in damages to the mother of a child who is vision impaired because of ROP. The reasons for liability were not disclosed.

ABM vs. KZN Health Department

The court found a member of the executive council liable for damages arising from an omission by the medical staff to reduce the abnormally high oxygen saturation levels in the newborn. The child suffered ROP-induced blindness as a result.

Lochner vs. MEC for Health and Social Development in Mpumalanga

Damages of R13,335,150 plus costs were awarded to the mother of a newborn who was not timeously diagnosed nor treated for ROP.

Claiming compensation for infant blindness

Medical malpractice claims for loss of vision due to retinopathy of prematurity can help provide victims and their families with justice. Financial compensation can also make it easier to provide necessary, on-going care.

To claim compensation, begin by contacting a suitably experienced personal injury attorney. The attorney can then assess your claim, help prepare supporting evidence and represent you in legal proceedings.

DSC Attorneys specialises in medical malpractice claims, including claims for blindness in infants. Contact the firm for legal advice and representation that is caring and effective.