Hot water bottle burns: Bulawayo family gets US$40k compensation

THE High Court of Zimbabwe has awarded a compensation payout of US$40 000 to a Bulawayo family by Mbuma Mission Hospital over hot water bottle burns sustained by their daughter at birth some 13 years ago.

The unfortunate and distressing case of hospital negligence resulted in their daughter sustaining serious injuries in February 2011.

The family, whose identities have been protected for privacy reasons, in documents at the High Court noted the incident in question at Mbuma Mission Hospital situated in Nkayi District, Matabeleland North province, which is run by the Free Presbyterian Church of Scotland.

According to the court documents, the incident occurred on February 11, 2011, when the child was born through a caesarean section performed by Dr Anneke Snoek.
“Following the delivery, hospital staff and in particular the nurses on duty that day, during the course and scope of their employment put hot water bottles in the newborn baby’s bed to keep her warm,” the court heard.

“One of the bottles had not been properly closed and it opened and spilled on the left side of the newborn baby.”

It was stated in documents that the baby suffered shock, pain, trauma and suffered third-degree burns on the left side of her body.

“She had to be hospitalised for a while at the hospital and for about a further month at United Bulawayo Hospitals. Seven years later, she continues to experience pain on her left side as a result of the burns. She also has an ugly scar to her left side,” read the document.

It was mentioned that the girl also had to repeat a stage in school due to her complex medical situation that constantly saw her in hospital in 2017. The family stated that it suffered damages amounting to US$40 000 in shock, pain and suffering. The family further claimed an additional US$10 000 as special damages for future medical expenses.

“The injuries on the child were caused by the sole negligence of the hospital’s employees. They failed to realise the real risk or possibility that a hot water bottle may pose a dangerous situation for a newborn,” reads the court documents.

“They closed the hot water bottles without due care and attention. They failed to ensure that the hot water bottles had been properly and securely closed. “They failed to take adequate precautions and measures to ensure that the bottles would not open. They failed to use alternative measures for warmth with less devastating effects.

“The defendant (hospital) is vicariously liable to the second plaintiff (child) as the employer of the negligent employees. Despite demand, the defendant has failed, refused, or neglected to settle the sums due to the second plaintiff in damages as pleaded herein above,” the court ruled.

The family, devastated by the turn of events, pursued legal action through their lawyers, Job Sibanda and Associates, to seek compensation for the pain and suffering endured as a result of the negligence.

After a lengthy legal process, the High Court of Zimbabwe recently ruled in favour of the family, acknowledging the hospital’s responsibility for the injury caused to their daughter.

The US$40 000 payout awarded by the High Court serves as a form of redress for the family, offering some financial relief for the ongoing medical care required for their daughter’s recovery.

The ruling also sets a precedent for holding healthcare providers accountable for negligence, emphasising the importance of upholding standards of patient care in medical facilities.

This landmark case sheds light on the implications of hospital negligence and the far-reaching consequences it can have on individuals and families.

Last week, during the delayed World Patient Safety Day commemorations, medical health institutions and their workers were called upon to prioritise the safety and welfare of patients when administering treatment, which demands adherence to high levels of integrity and ethics in the discharge of duty.

There have been disturbing reports of health personnel leaving objects on patients during surgery, ill-treatment, negative attitude and delayed attention to critical patients.

Medical officers said integrity and prioritising the health and safety of patients were expected from all health workers.

United Bulawayo Hospitals (UBH) chief medical officer, Dr William Busumani during the commemorations said receiving quality medical care that is free from errors or hospital-borne infections was a fundamental right for all patients.

He said that clear policies, organisational leadership, data to drive safety improvements and skilled healthcare professionals are essential in ensuring patient safety.