Family claims hospital negligence impacted grandmother’s health

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A Moorton family claims that their late 87-year-old mother, who was mobile before her admission at the Capital Hospital, was allegedly mistreated and neglected while in the medical staff’s care, and was unable to make any sort of physical movement.

Tholsiemah Naidoo was a former nurse who spent 36 years at the King George Hospital. After she retired, she continued her nursing career at the Mitchell Park Nursing Home and left after the facility closed. She passed on in December without getting answers or closure from the hospital, however, her grandson, Chris Govender continued with the case that was registered at the South African Nursing Council (SANC).

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Caregiver, Catherine Chihwande with the late Tholsiemah Naidoo who was bedridden after her discharge. 

On 25 August 2023, the SANC’s Preliminary Investigation Committee (PIC) deliberated and resolved not to pursue the case as there was no evidence of negligence found against nurses. This matter was concluded and finalised.

Govender appealed the SANC decision, and the matter was heard by the appeals committee at the South African Nursing Council Appeal Authority on 22 February.  The appeals committee ruled that the decision by the PIC be set aside and was directed to refer the matter to the Professional Conduct Committee to conduct an inquiry into the conduct of the nurses at the hospital.
There are allegations of negligence and abuse by the nursing staff, falsification of hospital records, theft of medication, and negligence.  Advocates MV Magagane and RA Ramuhala in their ruling said: “There is glaring evidence that the nurses who cared for Naidoo violated the regulations and the act by their failure to provide her with the necessary treatment, care and or to refer her for relevant medical treatment.

“Failure to administer the correct and appropriate treatment and care, failure to prevent accidents, injury or other trauma, failure to prevent the spread of diseases and infections, failure to check all forms of diagnostic and therapeutic interventions for the healthcare users, failure to provide specific care and treatment of the ill and the vulnerable and high-risk healthcare users and failure to maintain the health status of Naidoo who was at the time under their care,” they said.

Naidoo was admitted to Capital Hospital on 3 July 2022 diagnosed with pneumonia, bronchitis, and bilateral pleural effusion. While in hospital, the family were informed of a pressure sore on her buttocks, while she incurred several bruise marks on her hands. However, on admission, in documentation, there were no skin tears or pressure sores. According to picture evidence, the huge wound was left undressed.

Govender claimed: “This incident had an emotional impact on my gran’s health and was a challenge to treat these injuries as a family at home, which took daily wound care treatments and continued care due to the position of the pressure injury.

“We watched my gran suffer daily for months while being treated by an excellent wound care practice. Instead of taking accountability for their actions, the hospital nursing staff and management resorted to falsifying medical records and billing me for medication that was not given to my gran to cover up their negligence. My gran sadly passed on 4 December 2023. All we request as a family is accountability to be taken and to safeguard other patients who may not have the resources to deal with this.”

He said that he still could not get his mind around how the nursing staff, nursing manager, and hospital manager live with themselves knowing what they have done to his grandmother. “I do not want financial compensation but accountability. We understand my grandmother was old, but we are her family and we love her.

“My grandmother would walk down the stairs daily with the assistance of a walker to water her plants and watch TV. We looked forward to this when she was discharged but didn’t realise this all could end so suddenly. After being discharged she was unable to sit, stand, or move and had a full-time caregiver. On 11 July after what my grandmother went through, we transferred her to St Augustine’s Hospital,” he claimed.

Naidoo’s medical aid, Momentum Health Solutions, investigated whether Naidoo acquired pressure sores from Capital Oncology or St Augustine’s hospitals which was initiated by the HRM (Health Risk Management) department.

The email read: “St Augustine Hospital submitted confirmation that the patient had pressure sores on arrival. The Capital Oncology hospital was requested to share detailed information on the patient’s skin condition (skin integrity assessment), on arrival and discharge. Despite several follow-ups with the Capital Oncology Hospital, the requested information is not received to date. MHS is currently following its investigation.”

Capital Hospital attorney, Fathima Mahomed, of Issack and Mohan Inc Attorneys and Administrators of Estates said: “Our client is at no liberty to comment at this stage as the matter is unresolved and any false allegations made against Capital Hospital at this stage is defamatory. We reiterate that our client shall not comment until they have a court order to determine the said matter.”

Govender added: “My grandmother’s legal representative requested answers from the hospital but we have received no feedback till date.”