In a powerful ruling that underscores patient rights and medical accountability, 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.
Justice Alexander Muteti delivered the verdict on Wednesday, bringing a close to an 18-year legal battle by Ms. Naila Qureshi, who sued the hospital and her surgeon over a medical procedure gone wrong in 2006.
The court found both the hospital and the gynaecologist grossly negligent, stating they violated their duty of care, leading to long-lasting physical harm, emotional distress, and financial ruin for the plaintiff.
Ms. Qureshi had been admitted to Aga Khan Hospital from September 13 to 16, 2006, seeking treatment for Pelvic Endometriosis. She had consented only to the removal of her uterus and one ovary.
Patient Impact
However, the surgeon, identified as the first defendant, went beyond the agreed procedure and removed her cervix without her consent.
Justice Muteti ruled that this unauthorized procedure was not only unethical but also a grave breach of medical protocols and patient rights. He noted that the evidence proved, on a balance of probabilities, that the surgeon’s actions caused irreversible damage.
It was also established that the hospital had allowed the first defendant to practice despite being aware of his prior disbarment from medical practice in Uganda.
As a direct result of the surgery, Ms. Qureshi lost her job and can no longer earn a living. The court recognized that her quality of life had drastically diminished, and that she continues to suffer both physically and emotionally. The surgery also resulted in the loss of sexual enjoyment and the inability to satisfy her husband sexually.
The ruling also acknowledged the suffering of Qureshi’s spouse, the second plaintiff, who faced the loss of society, companionship, and support due to the injury.
Here’s a detailed breakdown of the awarded damages:
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Special Damages – Ksh 7,207,524.20
Covered medical expenses, transport costs, and related out-of-pocket payments. -
General Damages – Ksh 150,000,000
Compensated for long-term impacts on life and wellbeing:-
Loss of Cervix: Ksh 30,000,000
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Loss of Consortium: Ksh 40,000,000
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Loss of Amenities: Ksh 20,000,000
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Pain and Suffering: Ksh 10,000,000
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Loss of Capacity to Earn: Ksh 20,000,000
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Loss of Society and Services (2nd Plaintiff): Ksh 30,000,000
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