A High Court in Nairobi has ordered Aga Khan Health Service Kenya to pay over Ksh 157 million in damages to a woman and her husband following a severe surgical negligence incident.
Justice Alexander Muteti found that a gynecologist at the hospital performed an unauthorized removal of the woman’s cervix during a surgical procedure in September 2006.
The surgery was initially consented to for the removal of her uterus and ovaries, but the doctor went beyond these instructions, leading to gross negligence and a breach of patient rights.
The court established that this unauthorized act resulted in significant injuries, including the loss of the woman’s cervix, which adversely affected her sexual function and capacity.
The woman testified that she lost her ability to enjoy sexual relations and satisfy her husband, which also contributed to the deterioration of their marital relationship and quality of life.
She further explained that the injury forced her to seek specialized treatment in South Africa, incurring additional medical expenses.
While the second defendant, another medical practitioner involved in the procedure, was cleared of negligence, the court held the hospital (the third defendant) liable for breaching its duty of care.
The court noted that the hospital had allowed the first defendant to practice despite being aware of his prior disbarment from practicing medicine in Uganda.
Additionally, the hospital’s failure to provide critical diagnostic equipment, such as a flexible cystoscope, hindered early detection of complications, which were later identified and managed by specialists abroad.
The court found that the plaintiffs had sufficiently proved their case, including claims for special damages, and awarded a total of Ksh 157 million in both special and general damages.
The damages cover medical expenses, loss of earning capacity, pain and suffering, and loss of amenities and consortium.
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