A Kenyan court has awarded over Ksh 157 million in damages to a woman who lost her cervix during a botched medical procedure at Aga Khan University Hospital.
The surgery was performed by a doctor who had previously been disbarred from practising in Uganda over medical negligence.
In a judgement delivered at the Milimani High Court on May 4, Justice Alexander Muasya Muteti held both the hospital and the doctor, Dr. Rafique Parker, liable for gross medical negligence that resulted in life-altering injuries to Naila Qureshi, the first plaintiff in the long-running civil suit.
Qureshi had checked into the hospital in September 2006 for treatment of pelvic endometriosis. However, what was expected to be a routine hysterectomy turned tragic.
Aga Khan Doctor under Fire
The court was told that Dr. Parker performed the procedure in a manner that caused severe injury, including the loss of her cervix and the development of a vesico-vaginal fistula, an abnormal connection between the bladder and the vagina.
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The plaintiff only discovered the extent of the injuries much later, prompting a nearly two-decade legal battle for accountability.
“The first defendant held himself out as an experienced and competent gynecologist, yet he caused irreversible harm,” the court stated, adding that the hospital allowed Parker to practice despite being aware that he had been disbarred from medical practice in Uganda.
The court also faulted the hospital for failing to provide proper diagnostic equipment, such as a flexible cystoscope, which might have allowed other doctors to detect the injury earlier.
While the second defendant, a urologist involved after the initial surgery, was cleared of any wrongdoing, the court found Aga Khan University Hospital jointly liable for allowing Parker to operate in their facility.
Damages Awarded
Justice Muteti awarded the following damages:
Ksh 30 million for loss of 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
Ksh 30 million for loss of society and services (to the second plaintiff, her spouse)
Ksh 7.2 million in special damages
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The court also ordered that the defendants pay costs and interest from the date the suit was filed.
About Aga Khan Hospital
Aga Khan University Hospital, Nairobi, established in 1958, is a 254-bed private, not-for-profit tertiary and teaching hospital located in Parklands, Nairobi.
It serves as a referral center for East Africa, offering a broad range of secondary and tertiary care services.
The hospital is affiliated with the Aga Khan University and operates under the Aga Khan Health Services network.
The hospital operates a network of 53 medical centers across Kenya and Uganda, providing primary and secondary care.
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