Nairobi Couple Awarded KSh 157m in Compensation Following Botched Surgery

• A Nairobi court awarded KSh 157 million in damages to Naila Qureshi and her husband on June 4, after a 19-year legal battle
• Naila underwent surgery at Aga Khan Health Service Kenya in 2006 for pelvic issues and endometriosis, during which her cervix was removed without consent
• The court found the hospital's gynaecologist guilty of gross negligence for performing an unauthorised procedure

A couple in Nairobi has finally received justice after a 19-year-long court case.

This comes after a Nairobi court on Wednesday, June 4, awarded Naila Qureshi and her husband KSh 157 million in damages following a botched surgery that resulted in the loss of the woman’s cervix.

Naila was admitted to Aga Khan Health Service Kenya (AKHS) in September 2006 for what was supposed to be routine treatment for pelvic pain and endometriosis.

However, the doctor attending to her botched the surgery, leaving her in severe physical and emotional pain.

The High Court found that the hospital's gynaecologist had performed an unauthorised procedure and removed Naila's cervix.

The couple had initially consented to the removal of her uterus and ovaries, but not her cervix.

The court deemed this act gross negligence on the doctor's part and a violation of the patient's rights.

Following the botched surgery, Naila suffered life-altering injuries, which led to the loss of her ability to work and earn a living.

Breakdown of compensation for botched surgery

Moreover, the hospital was ordered to pay damages amounting to KSh 157,207,524, which includes KSh 7,207,524 in special damages to cover treatment costs in both Kenya and South Africa, where the botched surgery was repaired.

The couple was awarded KSh 30 million for the unauthorised removal of the cervix, KSh 40 million for loss of consortium, KSh 20 million for loss of amenities, KSh 10 million for pain and suffering, KSh 20 million for loss of earning capacity, and KSh 30 million for the loss of society and services.

Aga Khan Health Services was found liable for allowing doctor Rafique Parkar to practise in their facility despite being aware that he had been disbarred from medical practice in Uganda.

Naila told the court that due to the hospital's negligence, she suffered the loss of her cervix, which led to the loss of conjugal enjoyment and the ability to satisfy her husband.

Moreover, the couple claimed that the nature of her injury necessitates sustained and continuous treatment, for which they are seeking compensation for future medical costs.

Kenyans react to incident

This incident ignited mixed reactions among Kenyans, with many especially criticising the fact that the woman got justice nearly two decades later.

Many noted that while the compensation package was hefty, it could not compare with the years of emotional and physical pain that the victim went through.

Here are some of the comments:

Cheruiyot Mirriam

"This same hospital, whatever you did to my brother, God knows, I hope we can get justice for this, but let God judge you."

Carolina Phy said:

"Nineteen? Why do Kenyan Courts operate on moods?"

Atuya Sam said:

"Trust our courts at your own risk. The case will be appealed and take centuries to decide. Good example, Obado murder case."

Hussein Diba said:

"We support those hospitals that to be penalised because of negligence."

Steps to take in case of medical negligence

The Kenyan constitution stipulates that every citizen has a right to the highest attainable standard of health.

If you feel your rights have been infringed by a medical professional or facility, file a civil suit for compensation (damages) in a court of law.

It is worth noting that the burden of proof lies with the patient who is expected to prove beyond a reasonable doubt that negligence happened and that it caused harm or injury.

Nairobi Hospital ordered to pay patient KSh 44.5m in damages

In previous news, TUKO.co.ke reported that in 2019, the High Court ordered Nairobi Hospital to pay a patient KSh 44.5 million in compensation following a botched brain surgery.

The unsuccessful medical procedure resulted in the patient suffering brain damage, leading to the lawsuit that brought justice after 14 years.

Moreover, the patient’s parents claimed their son’s brain was damaged because the machines used in the operating theatre were not in proper working condition.

Racheal Nyaguthie, HoD Human Interest, added details of steps to take in the case of medical negligence and reactions to this report.

Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.

Source: TUKO.co.ke