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Mpilo Hospital faces legal storm over babies swapped scandal
4 hrs ago |
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The shocking revelation that two babies were switched at birth at Mpilo Central Hospital 18 years ago has set the stage for potentially groundbreaking legal claims, according to Advocate Thabani Mpofu.
The mix-up, which occurred on May 13, 2007, involved two families - one from Bulawayo and another from Shurugwi. The truth came to light after a Bulawayo man, suspicious that his youngest daughter did not resemble her siblings, secretly commissioned a DNA test, which revealed she was not his biological child.
His wife, adamant that she had never been unfaithful, launched her own investigation. Only two girls were born at Mpilo that day, and she eventually traced the other mother through social media. Subsequent DNA tests confirmed the unthinkable: their daughters had been exchanged at birth.
Mpilo Hospital later admitted negligence, citing staff shortages and system failures during Zimbabwe's 2007 economic crisis.
The discovery has left both families grappling with emotional turmoil, questions of identity, and cultural complexities. Tragically, the "father" of the child raised in Shurugwi passed away without knowing the truth.
Advocate Mpofu, who has been engaged by the families, said the case could open multiple claims against the hospital.
"Both sets of parents can sue for negligence that deprived them of the comfort and integrity of family life. The children themselves can claim for the loss of familial security, psychological injury, and the profound disruption to their personal development," Mpofu told ZimLive.
He noted that the claims could also encompass the impact of being forced to live under false identities and adapt to unfamiliar cultural and linguistic practices.
"General delictual principles can be adapted to support novel causes of action, and constitutional remedies may supplement common-law claims. The law is a living instrument and must evolve to meet ever-changing social needs," Mpofu said.
The main challenge, he cautioned, will be proving and quantifying damages, as Roman-Dutch jurisprudence has traditionally been conservative in awarding non-pecuniary compensation. However, courts could make principled, impression-based awards to vindicate rights and deter institutional negligence.
"I cannot overstate the havoc such negligence wreaks on young lives and the family unit," Mpofu added.
The incident comes as Mpilo Hospital struggles to rebuild its reputation after a series of scandals, including the admission of nursing students with fake O' Level certificates and the exposure of a bogus doctor who stole from patients.
Attempts to obtain a comment from Mpilo's Chief Medical Officer, Dr Narcisius Dzvanga, were met with delays. He later stated that hospital records would need to be retrieved before providing a full response.
The mix-up, which occurred on May 13, 2007, involved two families - one from Bulawayo and another from Shurugwi. The truth came to light after a Bulawayo man, suspicious that his youngest daughter did not resemble her siblings, secretly commissioned a DNA test, which revealed she was not his biological child.
His wife, adamant that she had never been unfaithful, launched her own investigation. Only two girls were born at Mpilo that day, and she eventually traced the other mother through social media. Subsequent DNA tests confirmed the unthinkable: their daughters had been exchanged at birth.
Mpilo Hospital later admitted negligence, citing staff shortages and system failures during Zimbabwe's 2007 economic crisis.
The discovery has left both families grappling with emotional turmoil, questions of identity, and cultural complexities. Tragically, the "father" of the child raised in Shurugwi passed away without knowing the truth.
Advocate Mpofu, who has been engaged by the families, said the case could open multiple claims against the hospital.
"Both sets of parents can sue for negligence that deprived them of the comfort and integrity of family life. The children themselves can claim for the loss of familial security, psychological injury, and the profound disruption to their personal development," Mpofu told ZimLive.
He noted that the claims could also encompass the impact of being forced to live under false identities and adapt to unfamiliar cultural and linguistic practices.
"General delictual principles can be adapted to support novel causes of action, and constitutional remedies may supplement common-law claims. The law is a living instrument and must evolve to meet ever-changing social needs," Mpofu said.
The main challenge, he cautioned, will be proving and quantifying damages, as Roman-Dutch jurisprudence has traditionally been conservative in awarding non-pecuniary compensation. However, courts could make principled, impression-based awards to vindicate rights and deter institutional negligence.
"I cannot overstate the havoc such negligence wreaks on young lives and the family unit," Mpofu added.
The incident comes as Mpilo Hospital struggles to rebuild its reputation after a series of scandals, including the admission of nursing students with fake O' Level certificates and the exposure of a bogus doctor who stole from patients.
Attempts to obtain a comment from Mpilo's Chief Medical Officer, Dr Narcisius Dzvanga, were met with delays. He later stated that hospital records would need to be retrieved before providing a full response.
Source - zimlive
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