A Boksburg family is considering taking legal action against a doctor after their daughter and her newborn baby died at the Glynnwood Hospital from the H1N1 virus.

Jeanine Oosthuizen started displaying flu-like symptoms a week before she was due for a caesarian section.

After seven days in hospital she had not been treated for the virus even though health officials had urged pregnant women to take Tamiflu at the first sign of symptoms.

Her family said not enough was done to try and save their daughter and her baby.

The 26-year-old was admitted to hospital with diarrhea and a high temperature — common symptoms of the virus.

Tests for the disease were only conducted three days after she was admitted.

Her condition worsened and a week later an emergency c-section was done.

Oosthuizen and her baby died.

Her stepmother Benita said the family was devastated her doctor did not realise she may have contracted H1N1.

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