By Andrew Kariuki
The daughter of a former presidential aspirant Nazlin Umar has moved to the High Court seeking compensation over what she describes as a botched medical procedure that allegedly left her unable to bear children.
Najda Begum Khan has filed a civil suit against MP Shah Hospital, a consultant surgeon and other parties, accusing them of medical negligence, malpractice and breach of duty of care following a surgical procedure conducted in July 2018.
Through her lawyer Juma Kagoro, Khan claims that what began as treatment for severe abdominal pain escalated into a life-altering ordeal that permanently affected her reproductive health.
Court documents indicate that Khan was admitted to MP Shah Hospital on July 8, 2018, after experiencing intense abdominal pain and symptoms linked to a urinary tract infection.
She was accompanied by her husband, Mohammed Asif Khan, who is listed among witnesses in the case.
According to the pleadings, doctors diagnosed her with appendicitis and recommended an emergency appendectomy.
However, Khan contends that prior medical tests had revealed conflicting findings, including ovarian cysts and other gynecological concerns, which she says required further specialized evaluation before any surgery could be undertaken.
“He immediately diagnosed appendicitis and demanded that she be rushed to theatre despite unresolved contradictions in the diagnostic reports,” the suit states.
Khan alleges that during the pre-operative consultation, concerns raised by her family regarding the conflicting medical reports we’re dismissed, with assurances allegedly given that only the appendix would be addressed if found to be inflamed.
“He undertook that he would only address the appendix if he found it infected during surgery,” the court documents state.
However, she now claims that the procedure went beyond what had been agreed or consented to, resulting in extensive damage to her ovaries.
“The Plaintiff’s ovaries were extensively damaged during the procedure, resulting in the destruction of her eggs and irreversibly denying her the opportunity to bear children,” the pleadings state.
In her amended plaint, Khan further alleges that ovarian cysts were removed without her consent and contrary to prior medical advice.
She also accuses the medical team of misdiagnosis, claiming that radiological findings were improperly interpreted and relied upon in making surgical decisions.
Additional allegations include claims that she was left under anesthesia for an extended period while the attending doctor handled another case, and that she was discharged despite ongoing complications, including heavy bleeding.
The suit also raises concerns over post-operative care, stating that she was prescribed medication to which laboratory results had already shown resistance.
As a result of the procedure, Khan says she has suffered severe physical and emotional trauma, including the loss of her ability to conceive.
“The Plaintiff who desired to have children with her husband was robbed of that dream… an act that has put a strain on her marriage and caused her untold suffering, ridicule and discrimination,” the court papers read.
She further claims that the experience has subjected her to psychological distress and social stigma, describing the outcome as a “life-defining loss.”
Khan is seeking general and special damages, including compensation for pain, suffering and emotional distress, future medical expenses and other reliefs.
She has also asked the court to order an audit of surgical procedures carried out by the doctors involved.
The case is expected to proceed before the High Court, where key witnesses are set to testify on the circumstances surrounding the surgery and the disputed medical findings.
