The family believed her restraints caused her wrists to turn blue due to a lack of blood flow.


A Worcester man is suing the Worcester Hospital for R10 million after, as he claims, his mother died due to the inhumane treatment by, amongst other things, being tied to her bed.

When Heinrich January’s mother, Magrietha January, was admitted to hospital in early June the family had no idea how things would turn out before she eventually passed away at the end of the same month. He also accuses the nursing staff of being incompetent – noting his mother’s leg was stuck between the railings on the side of the bed, while a nurse apparently looked on and failed to offer any help to his mother.

“I laid a complaint after the nurse just stood there watching my mother’s leg that was stuck between the railing of the bed. They went against my will by tying my mother to her bed. We, as the family, did not give consent for this to happen,” explains January.

According to the hospital January’s mother was in a confused state.

“Mrs January was in a very confused state and at high risk of falling. Restraints are used in cases of patients at high risk of falling to keep them safe,” explained Maret Lesch from the Western Cape Department of Health.

January also explains how he had asked the hospital if one of his family members could spend the night with his ailing mother as she was constantly looking for her family. However, he says, this request was denied.

“At some point while my mother was restrained they also posted a security guard outside of her door. The guard also did not want some of my family to enter her room during visiting hours.”

Lesch explains the family was encouraged to visit as much as possible but only during visiting hours.

“As with all patients in hospital, the family was encouraged to visit Mrs January during the hospital’s visiting hours. Placing of security guards in front of ward entrances is routinely done for the safety of patients, staff and visitors, and not to regulate visitations.”

He adds that he told the hospital staff and their superiors that tying his mother up would end up in her dying.

“At one point my mother was connected to oxygen supply, while being tied up.

“The restraints seemed to slow down the delivery of oxygen to her entire body because it appeared the restraints were cutting off blood flow and caused her wrists to turn blue in the process. There wasn’t even a bell for her to call for help.”

January explains, when the hospital took his mother off the oxygen, he once again asked that her restraints be removed.

“I said to the doctor that if they left her restrained after taking her off the oxygen she would be dead the next day. I also asked if my sister could spend those last hours with our mother, but was refused once again. Not long after my mother was taken off the oxygen, she passed away.”

However, according to Lesch the restraints were removed the evening before Mrs January passed away.

January and his family are of the opinion that Worcester Hospital’s staff and doctors contributed to the passing of his mother.

“She went to hospital with stomach cramps. She was released and had to be admitted again a few days later, where she contracted an infection at the hospital. They are responsible for her untimely death because of the inhumane way they treated my mother and their lack of attention to my frail mother’s condition and needs.”

January has had a few meetings with the hospital. He has claimed R10 million in damages.

“To which a doctor responded they will admit their negligence because they can’t pay the sum of money I am claiming.”

January furthermore explains that his lawyers had asked for his mother’s hospital records and they plan on taking the matter to court to further pursue the civil complaint he has made against the hospital.

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