The High Court has ordered Aga Khan University Hospital and one of its doctors to pay Ksh 157,207,524 to a Nairobi woman and her spouse for a botched surgery that left her with permanent injuries.
High court judge Alexander Muteti in his ruling found that the hospital’s gynaecologist performed an unauthorised procedure on Naila Gureshi in 2006 that had initially consented for the removal of her uterus and ovary but resulted to severe physical and emotional harm.
The act was considered as neglect and a violation on patients rights and as a consequence of the unauthorised removal on the woman’s cervix ; she suffered life threatening and life-altering injuries leading to the loss of her job and income stream.
The hospital being the third defendant for allowing the doctor to practice despite being aware of his prior disbarment from medical practice in Uganda was held accountable for the loss.
Additionally, the hospital’s failure to provide essential diagnostic equipment hampered the timely detection of complications that were identified and treated by specialists in South Africa.
The woman told the court that due to the defendants’ negligence she suffered the loss of her cervix resulting to the loss of sexual enjoyment and the inability to satisfy her husband fully.
The court acknowledged that the plaintiff had substantiated their claims including special damages and ruled that they are entitled to both recover special and general damages amounting to 157 million.
The plaintiffs claimed that the nature of the injury necessitates sustained and continuous medical treatment for which they are seeking compensation for future medical costs.
