A Nairobi court has ordered Aga Khan Health Service Kenya to pay over Ksh.157 million to a woman and her husband after a surgery went terribly wrong. The ruling came after it was found that a doctor removed the woman’s cervix without her consent, causing serious health problems and emotional pain.
The case goes back to 2006, when the woman went to the hospital to have her uterus and ovaries removed. However, during the operation, the gynaecologist, who was working at the hospital, also removed her cervix without permission. The court called this act “gross negligence” and a violation of her rights as a patient.
High Court Judge Alexander Muteti ruled that the surgery caused the woman permanent injuries. She lost her ability to work, which affected her income. She also suffered emotionally, and her relationship with her husband changed completely. The couple told the court that the woman’s condition led to a loss of sexual intimacy and happiness in their marriage.
Even though a second doctor involved in the case was cleared of wrongdoing, the court held the hospital responsible. It was revealed that the hospital allowed the gynaecologist to continue working even though he had previously been disbarred from practicing medicine in Uganda. This raised serious concerns about how the hospital managed its staff.
On top of that, the hospital lacked proper diagnostic equipment, which delayed the discovery of the complications caused by the surgery. The woman had to travel to South Africa to receive proper medical care, adding to her financial burden.
The court said the couple proved their case well. They will now receive compensation for the damage already done, along with money to cover future medical expenses.
By Lucky Anyanje
