A woman who lost her cervix after a botched surgical procedure at Aga Khan Hospital has been awarded Sh 157 M by a Nairobi court.
The woman had gone in for the procedure of removing her uterus and ovary but in the process she lost her cervix too.
The woman testified that the complications from the operation caused her severe pain, loss of sexual enjoyment, and an inability to satisfy her husband, significantly affecting her quality of life.
The court found that the hospital was negligent in its medical procedures and awarded compensation for the physical, emotional, and psychological damages suffered.
Justice Alexander Muteti found that the hospital’s gynecologist performed an unauthorized removal of the woman’s cervix during a procedure initially consented for the removal of her uterus and ovary.
The court noted that this act was gross negligent and a violation of the patient’s rights.
“As a consequence of the unauthorized surgery, the woman suffered life-altering injuries, leading to the loss of her employment and earning capacity. Both she and her husband experienced significant loss of amenities and consortium, profoundly affecting their quality of life,” the court noted.
The hospital was held accountable for breaching its duty of care by allowing the doctor to practice despite being aware of his prior disbarment from medical practice in Uganda.
The judge also said the hospital failed to provide essential diagnostic equipment, such as a flexible cystoscope, impeded the timely detection of complications that were later identified and treated by specialists in South Africa.
The court ruled that the woman had substantiated their claims, including special damages, and ruled that they are entitled to recover both special and general damages totaling Sh157 million.
In her testimony, she said these injuries compelled her to seek specialized medical treatment in South Africa, incurring additional expenses beyond those initially paid to the defendants.
She claimed that the nature of the injury necessitates sustained and continuous medical treatment, for which they are seeking compensation for future medical costs.
