Cape Town – A Cape Town mother is seeking legal recourse after claiming that Tygerberg Hospital staff failed to identify that her son was born with a congenital condition known as imperforate anus. The mother, whose name is being withheld to protect her child's privacy, says the condition was only discovered after she and her baby were discharged from the hospital three years ago.
Imperforate anus is a condition where a baby is born without an anal opening.
The mother alleges that the hospital's negligence in failing to detect the condition at birth has resulted in her son undergoing multiple surgeries and the potential need for more in the future.
A letter from Tygerberg Hospital to the mother, which has been seen by Independent Media, acknowledges that staff did not identify the abnormality after the baby's birth.
The letter states: "It appears the problem was, regrettably, not picked up after birth as part of the routine examination of the new-born. Despite this unfortunate incident, management would like to assure you that Tygerberg hospital is committed to providing excellent and quality service to all its patients. Constructive appraisal of quality of service delivery (like yours) is welcomed as part of the continuous process of improving quality of care.”
The mother explained the series of events that led to her discovering the condition after leaving the hospital.
“After birth I passed out and when I woke up I was in a ward. I was clean and so was the baby," she said. "I wasn't aware of where I was or how many days or hours had passed. The nurse then asked me if the baby had pooped. I then asked, 'How can you ask me if you were looking after the baby?'"
She continued, "On the second day, the nurse asked if the baby pooped. I said there's yellow in his nappy but my mom told me it should be black when it's the baby’s first stool. The nurse answered me, saying 'today's babies don't poop black anymore'. But [she] did not check him."
The mother further stated that on the third day, she informed the nurse that the baby still wasn't pooping. "She said it was because I changed from breast milk to formula," she recalled. "When we got home after we were discharged, we discovered the baby was born with no anus."
The mother expressed her distress and concern that the hospital's oversight could have had dire consequences. "The reason for my complaint is because my child could have died at home due to negligence from hospital staff," she said.
Since the discovery, the mother says her son has undergone numerous surgeries. "I'm looking for a lawyer willing to take my case further," she said. "My son had to have three big surgeries within his first year of life. Due to this defect he might have to have more surgeries. I had to spend countless days in the hospital with him while sleeping on the floor."
In response to the allegations, Laticia Pienaar, communications for Tygerberg Hospital, said: "Tygerberg Hospital is aware of the concerns raised by (the mom). The initial complaint was submitted in 2022, shortly after the birth of her baby. A formal written response was provided at the time, and (the mom) was invited to contact the hospital should she have any further questions or wish to meet with hospital management."
Pienaar added that despite efforts to reach out to the mother, the hospital was unable to make contact. "Despite several efforts by the hospital team to reach out to her, we were unfortunately unable to make contact," she said.
Pienaar also acknowledged the distress that a birth complication can cause and expressed the hospital's thoughts with the family. "We acknowledge the distress that can accompany a birth complication, and our thoughts are with the family," she said.
Pienaar explained that the baby was diagnosed with anorectal malformation, a congenital condition that occurs in approximately 1 in every 5,000 births. "The baby was diagnosed with a condition known as anorectal malformation — a congenital condition that occurs in approximately 1 in every 5 000 births," she stated.
Pienaar further noted that the condition is not easily detected on prenatal scans and is typically not associated with other abnormalities. "This condition, which involves an abnormality in the development of the anus, is not easily detected on prenatal scans and is typically not associated with other abnormalities," she said.
Pienaar confirmed that the child underwent corrective surgery, which was successful. "We are pleased to confirm that the child underwent corrective surgery, which was successful," she said.
Pienaar reiterated Tygerberg Hospital's commitment to providing high-quality care. "Tygerberg Hospital remains committed to providing the highest standard of care and support to our patients and their families," she said. "Should (the mom) still wish to engage with the hospital team, we remain open and available to assist in any way we can."
The mother, however, remains resolute in her pursuit of legal action, believing that the hospital's initial failure to detect her son's condition has had a significant and lasting impact on his health and well-being.
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