The High Court has ordered Aga Khan Hospital to pay a patient Sh157 million for medical negligence that resulted in severe physical and emotional harm.
High Court Judge Alexander Muteti found that the hospital’s gynaecologist, Dr. Rafique Parker, and two other medical professionals performed the surgery that led to the loss of Naila Qureshi’s womb.
Qureshi was admitted to the Aga Khan Hospital in September 2006 for treatment related to pelvic endometriosis.
While the procedure required the removal of her uterus and cervix, which she consented to, Qureshi said the gynaecologist instead conducted a hysterectomy, a procedure meant to remove the entire womb.
She explained that the gynaecologist was aware of what was supposed to be done to her reproductive organs, adding that Dr. Parker did not involve a urologist during the surgery and failed to obtain proper consent from her, particularly for the removal of her cervix.
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As a consequence of the unauthorised surgery, the woman suffered life-altering injuries, including a damaged bladder and fistula.
This was discovered in South Africa, where she had gone for further treatment after her condition continued to deteriorate.
Qureshi also told the court that, due to the negligence, she suffered the loss of her cervix, resulting in the loss of sexual enjoyment and the inability to satisfy her husband sexually.
The hospital was faulted for allowing the gynaecologist to practice despite being aware of his prior disbarment from medical practice in Uganda.
Furthermore, Aga Khan’s failure 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 acknowledged that the plaintiffs had substantiated their claims, including special damages, and ruled that they are entitled to recover both special and general damages totalling Sh157 million.
The monies include Sh7.2 million as special damages, Sh30 million for the loss of her cervix, Sh40 million for the loss of intangible benefits of a spousal relationship, and Sh20 million as compensation for the loss of amenities.
