Banner 330x1440 (Fireplace Right) #1

Woman sues ministry after left with dead baby in womb

Malensia Mukuua

The High Court has ordered the Ministry of Health and Social Services to pay N$2 million after a woman (35) was left with her dead baby in her womb for three days.

The incident took place at Grootfontein State Hospital, with the woman claiming it was the result of her having to wait for assistance for too long.

Malensia Mukuua from Coblenz in the Otjozondjupa region yesterday told The Namibian she pleaded for a caesarean section at Grootfontein State Hospital in August 2023, because she suffered from high blood pressure and had previously delivered a baby through an emergency caesarean section.

She says she endured “a caesarean section without a child to hold, two years of crippling pain, and the trauma of missing her baby’s burial”.

Mukuua said the High Court order was made in February, but she is still waiting for the state’s compensation.

She said she has been reaching out to the ministry to ask about the compensation through her lawyer, but with no success.

Health ministry spokesperson Walters Kamaya did not respond when contacted by The Namibian yesterday.

“I remember begging the surgeon to operate on me as soon as possible. When I signed the consent letter on 15 August 2023, she asked if I could give birth through the mouth and I said if it has ever been done, please help me do it,” she said.

Mukuua said her unborn baby was left in her womb for three days and had started macerating (decomposing) inside of her.

“On 16 August 2023, they told me the theatre was not ready for me at the door of the theatre. I woke up an hour later and I was still pregnant. She kicked once, and that’s the last time I felt my child’s heartbeat,” she said.

Court documents seen by The Namibian state that Mukuua requested a caesarean section as early as 8 August 2023, but was not taken seriously.

The baby died in her womb on 16 August 2023.

Mukuua initially claimed N$2 075 180 from the state in damages, which included N$2 million for pain and suffering, N$70 000 for past and future medical expenses, and N$5 180 for funeral costs.

According to the documents, her lawyers said the ministry and government had a duty of care to her and her unborn child, and failed to act professionally.

“We have been contacting the ministry of health through my lawyers, but to date we have not heard anything positive until now,” she said.

She suffered “emotional, physical and psychological damages” after “the defendants . . . after confirming that the baby was deceased, failed to remove the baby within a reasonable time, causing the baby to start decomposing and risking the life of the plaintiff”, the documents state.

Justice Eileen Rakow ordered a settlement agreement between Mukuua and the health ministry on 17 February and removed the matter from the roll.

“It’s been six months now, and I don’t think my case was taken as seriously as it is,” she said.

She has since relocated to Otjiwarongo to access medical treatment at Otjiwarongo State Hospital and Katutura State Hospital while waiting for the government’s settlement amount.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.

AI placeholder

The Namibian uses AI tools to assist with improved quality, accuracy and efficiency, while maintaining editorial oversight and journalistic integrity.

Stay informed with The Namibian – your source for credible journalism. Get in-depth reporting and opinions for only N$85 a month. Invest in journalism, invest in democracy –
Subscribe Now!


Latest News