Q: Alhamdulillah, approximately 5 years ago Allah Ta'ala had blessed us with a baby girl. She was born prematurely and was jaundiced together with her blood type being incompatible with her mother. The doctor discharged her from hospital after keeping her for a night. After a few days at home her condition deteriorated to such an extent that when she was eventually rushed back to hospital the jaundice had already severely damaged her brain. As a result, she is now diagnosed with cerebral palsy and is handicapped to the extent that she is completely dependent on us for everything. She is unable to sit, talk, crawl, walk, eat or do anything else by herself and requires full-time care giving.
There is currently a group of lawyers who have heard about this case and after having shared the details of what had transpired with them, they strongly believe that this is a case of medical negligence and are prepared to take on this case at no charge.
Is it permissible for us to pursue this case and if it is then established in court that this was due to medical negligence, will it be permissible to sue the doctors for the medical costs involved thus far and those which may ensue in future as well in terms of specialized equipment, therapies, care giving, medical supplies, etc. which runs into tens of thousands of rands?
