NAIROBI, Kenya — The High Court has ordered Aga Khan Hospital to pay over KSh 157 million in compensation to a woman, Ms. Naila Qureshi and her spouse following a negligently performed surgical procedure that led to severe physical and emotional distress.
High Court Judge Alexander Muteti ruled that the hospital’s gynecologist, identified as the first defendant, performed an unauthorized removal of the woman’s cervix during a procedure in September 2006. The patient had only consented to the removal of her uterus and ovary. This act was determined to be grossly negligent and a violation of the patient’s rights.
As a direct consequence of the unauthorized surgery, the woman sustained life-altering injuries, which resulted in the loss of her employment and future earning potential. Both she and her husband also experienced a significant loss of amenities and consortium, profoundly impacting their overall quality of life.
While a second medical practitioner involved was cleared of negligence, the court held the third defendant—Aga Khan Hospital—accountable for breaching its duty of care. The hospital had permitted the first defendant to practice despite being aware of his prior disbarment from medical practice in Uganda.
Additionally, the court noted that the hospital’s failure to provide crucial diagnostic equipment, specifically a flexible cystoscope, hindered the prompt detection of complications. These complications were later identified and successfully 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, totaling Ksh 157 million.
The woman testified before the court that, due to the defendants’ negligence, she suffered the loss of her cervix, resulting in the loss of sexual enjoyment and the inability to satisfy her husband sexually.
She further stated that these injuries necessitated specialized medical treatment in South Africa, incurring additional expenses beyond those initially paid to the defendants.
The plaintiffs also claimed that the nature of the injury requires sustained and continuous medical treatment, for which they are seeking compensation for future medical costs.
Explainer: High Court analysis
- The patient was admitted between 13th September 2006 and 16th of September 2006 for medical care for Pelvic Endometriosis.
- She (1st plaintiff) only consented to the removal of her uterus and ovary but the 1st defendant went ahead to remove her cervix without obtaining the necessary consent
- The plaintiffs proved on a balance of probabilities that the 1st defendant was grossly negligent in the performance of his duty thus occasioning a life changing injury to the 1st plaintiff.
- Following the injuries sustained, she lost her employment and therefore lost her capacity to earn.
- The injury sustained has caused the two plaintiffs to suffer loss of amenities.
Costing of damages
Special damages of Kshs. 7,207, 524.20
General damages for;
Loss of cervix – Kshs. 30,000,000
Loss of consortium – Kshs. 40,000,000
Loss of amenities – Kshs. 20,000,000
Pain and suffering – Kshs. 10,000,000
Loss of capacity to earn – Kshs. 20,000,000
Loss of society and services by the 2nd Plaintiff – Kshs. 30,000,000
Total = Kshs. 157,207,524.20
