Couple Sues Reddington Hospital for Negligence, Demands Compensation for Baby’s Death
A N360m negligence suit has been filed against a top Lagos hospital; The Reddington Multi specialist Hospital Limited by a couple; Mr. and Mrs. Eyitayo Mumuney over an alleged negligence which caused the death of the couple’s baby during child birth.
In a writ of summons with suit no. LD/ADR/1825/18 filed at the Lagos State High Court Igbosere, Lagos, the couple who are the Claimants are claiming the above sum and interest against the Hospital and its management for causing the death of the child as a result of their failure to provide adequate facilities during the birth of the baby.
The claim stated that the hospital watched the baby which was delivered through a Cesarean Section struggle until she died because the hospital did not have an equipment that was needed to resuscitate the already traumatized baby.
The Claimants further indicated in the statement of claim that prior to filing the action, a letter stating the pains suffered by the couple as a result of the loss was sent to the hospital with the hope that they would politely apologize for their negligence but instead, they called their bluff.
As a result of the above, Mr. Eyitayo who said his wife has been terribly traumatized seeks redress from the Court for the gross negligence and nonchalant attitude of the hospital management.
In a brief chat with Mr. Eyitayo, he stated; “I have lost my baby and no amount of compensation can bring her back to us. I am rather pained by the attitude of the doctors. I watched my baby die while my wife was in severe pain. At some point, I was the one running around, making calls to
hospitals looking for a ventilator for my child. Hours later when we got to another hospital, they refused to admit us claiming we wasted so much time and the baby cannot be resuscitated.”
Speaking further in a very painful voice, he narrated how his wife has been traumatized and the pains the family had to go through in the process of recovering from the loss. He further noted: “when I could not bear to see my wife’s pain, I wrote to the hospital hoping that they will call us
or tender some apologies or something, they called my bluff. Can you imagine that?” I am not backing down on this suit. I want the world to hear about my loss in their (Reddington) hands and how they treated me and my wife.
The matter has been screened for ADR by the Registry of the Lagos High Court. No date has been fixed for its hearing.
SOFT COPY OF THE CLAIM ON THE ATTACHED WRIT IN CASE YOU NEED TO EXPAND YOUR STORY BELOW:
(i) A DECLARATION of the Honourable Court that the Defendants jointly and severally owed the Claimants a duty of care to ensure that all that is needed to deliver and secure the life of their baby was available in the hospital before proceeding to carry out a pre scheduled Cesarean Section which was carried out before the 40 weeks Expected Date of Delivery of the baby.
(ii) A DECLARATION of the Honourable Court that the Defendants jointly and severally breached the duty of care owed to the Claimants when they negligently failed to provide a Ventilator which was required to assist their baby’s breathing after a traumatized birth which caused the death of the child.
(iii) A DECLARATION of the Honourable Court that the Claimants are entitled to damages for the Defendants’ negligence which occasioned the death of their baby.
(iv) AN ORDER of the Honourable Court directing the Defendants to build a non-profit Centre that would provide basic medical services for the public. The Centre is to be named “Axella Eyitayo Center for Reproductive and Baby Care”
(v) AN ORDER of the Honourable Court directing the Defendants to pay the sum of N250,000,000 (Two Hundred and Fifty Million Naira) being General Damages to the Claimants for the loss suffered by the death of their baby which was occasioned by the negligence of the Defendants.
(vi) AN ORDER of the Honourable Court directing the Defendants to pay the sum of N250,000,000 (Two Hundred and Fifty Million Naira) being Special Damages to the Claimants for the loss suffered by the death of their baby which was occasioned by the negligence of the Defendants.
(vii) AN ORDER of the Honourable Court directing the Defendants to pay the sum of N250,000,000 (Two Hundred and Fifty Million Naira) being Aggravated Damages to the Claimants for the loss suffered by the death of their baby which was occasioned by the negligence of the Defendants.
(viii) AN ORDER of the Honourable Court directing the Defendants to pay the sum of N250,000,000 (Two Hundred and Fifty Million Naira) being Exemplary Damages to the Claimants for the loss suffered by the death of their baby which was occasioned by the negligence of the Defendants.
(ix) THE SUM of N10, 000,000.00 (Ten Million Naira) being the cost of instituting this action.
(x) Interest of 25% per annum on (v), (vi), (vii), (viii), (ix) and (x) from the date of filing this action till judgment and thereafter on the judgment sum at the rate of 10% per annum until the final liquidation of the judgment sum.
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