Also joined in the suit is the medical personnel of Shell Medical Centre, Dr. Fred Eigbe who was accused of improper diagosis which led to Opeyemi suffering acute distress during the claimant’s prolonged labour.
In the suit filed before Justice Okwuobi, the embittered mother of three claimed that the negligence of the defendants had inflicted permanent injury on her and her son, adding that Opeyemi was unable to achieve the usual milestones of childhood – crawling, walking, and talking.
She averred that the first defendant engaged the services of the second defendant in the medical centre, stressing that the second defendant lacked the requisite skill and knowledge which led to her son suffering cerebral palsy.
The claimant told the court in her affidavit that she was an employee of the company and by privilege, entitled to use the medical centre.
She said that when she was pregnant, she attended the ante-natal clinic for medical checks at the centre where the second defendant was the senior medical officer. She claimed that she gave them all her medical records as she had previously had a baby through caesarian operation.
“When I went into labour, my husband took me to the hospital and the nurses on duty received me at about 2 a.m. and immediately phoned the first defendant but he did not show up until 12noon. Before then, my baby had struggled and became weak,” she stated.
She claimed that it was the result of negligence by the defendants that caused the incapacitation of her son who had been a burden to her for the past 17 years.
“He cannot walk, talk or do anything without human assistance,” she revealed.
She said when she protested that they were responsible for her son’s condition and thinking that she will take legal steps, they assisted in his treatment which they stopped after failing to force her sign a document that it was not the defendants’ that caused her son’s sickness.
“All efforts to send the boy abroad for proper medical attention was declined by the defendants.”
The defendants, on their part, denied the allegations, insisting that they assisted the claimant as a staff of the company.
When the matter came up in the court, there were several applications and motions on the matter and some have not been served as required by law.
Following this, the court adjourned the matter till 24 May, 2010 to enable the service of the necessary papers on the parties.
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