Court directs hospital to pay woman Sh157m for medical negligence

A Nairobi court has ruled that Aga Khan Health Service Kenya must pay over Sh157 million in compensation to a woman and her husband following a failed surgical operation that caused them significant physical and emotional suffering.

High Court Judge Alexander Muteti determined that the hospital’s gynecologist, identified as the first defendant, unlawfully removed the woman’s cervix during a September 2006 surgery.

The procedure was originally approved only for the removal of her uterus and ovary.

The judge found this unauthorized action to be a serious case of negligence and a breach of the patient’s rights.

As a result of the improper surgery, the woman endured severe, life-changing injuries that led to her losing her job and ability to earn an income.

Both she and her spouse suffered major losses in terms of companionship and lifestyle, deeply impacting their overall well-being.

While the second defendant, another medical professional involved in the case, was found not liable for negligence, the court held the third defendant, the hospital, responsible for failing in its duty of care.

The ruling highlighted that the hospital permitted the first defendant to continue practicing despite knowing that he had previously been disbarred from medical practice in Uganda.

Additionally, the court noted that the hospital’s failure to provide crucial diagnostic tools, such as a flexible cystoscope, delayed the timely identification of complications.

These issues were eventually diagnosed and treated by specialists in South Africa.

The court found that the plaintiffs had adequately proven their claims, including special damages, and awarded them both special and general damages amounting to Sh157 million.

The woman testified that as a result of the defendants’ negligence, she lost her cervix, which led to a loss of sexual enjoyment and an inability to satisfy her husband.

She also stated that the injuries forced her to seek specialized medical care in South Africa, incurring additional costs beyond those originally paid to the defendants.

The plaintiffs argued that the severity of the injury requires ongoing and long-term medical care, and they are seeking compensation to cover these anticipated future medical expenses.