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The High Court has ordered a city hospital to pay a patient Ksh 157M for medical negligence
In a landmark judgment on Wednesday, Justice Alexander Muteti directed the Aga Khan Hospital and the doctor who performed surgery on Ms. Naila Qureshi between 2005 and 2006 to pay Ksh 157,207,524 for medical negligence that resulted in lifelong damage and trauma.
The case, which had dragged on for 18 years, finally came to a close with Justice Muteti ruling that both the hospital and the doctor were negligent in the performance of their duties.
As a result of the injury, the plaintiff not only lost her job but also her capacity to earn, among other lasting consequences.
EXPLAINER: COURT ANALYSIS
- The patient was admitted between 13th September 2006 and 16th of September 2006 for medical care for Pelvic Endometriosis.
- She (1st plaintiff) only consented to the removal of her uterus and ovary but the 1st defendant went ahead to remove her cervix without obtaining the necessary consent
- The plaintiffs proved on a balance of probabilities that the 1st defendant was grossly negligent in the performance of his duty thus occasioning a life changing injury to the 1st plaintiff.
- Following the injuries sustained, she lost her employment and therefore lost her capacity to earn.
- The injury sustained has caused the two plaintiffs to suffer loss of amenities
COSTING OF DAMAGES
Special damages of Kshs. 7,207, 524.20
General damages for;
Loss of cervix – Kshs. 30,000,000
Loss of consortium – Kshs. 40,000,000
Loss of amenities – Kshs. 20,000,000
Pain and suffering – Kshs. 10,000,000
Loss of capacity to earn – Kshs. 20,000,000
Loss of society and services by the 2nd Plaintiff – Kshs. 30,000,000
Total = Kshs. 157, 207, 524.20
