The High Court has ordered Aga Khan Hospital and a consultant gynecologist to jointly pay a woman KSh157.2 million in damages after finding that the doctor removed her cervix without her knowledge or informed consent during surgery, leaving her with permanent life-changing injuries.
In a landmark judgment delivered by Justice Alexander Muasya Muteti, the court found that the hospital breached its duty of care by allowing the doctor to practice despite knowing he had been disbarred from medical practice in Uganda.
The court also found that the doctor was grossly negligent in the manner he performed the operation.
Court documents show that the woman was admitted to the hospital between September 13 and September 16, 2006, for treatment of pelvic endometriosis.
During a hysterectomy performed on September 14, 2006, the doctor accidentally damaged her bladder, resulting in a vesico-vaginal fistula (VVF), a debilitating condition that causes continuous leakage of urine.
The court heard that although emergency corrective surgery was carried out on October 4, 2006, the procedure failed to repair the injury, forcing the patient to seek specialized treatment in South Africa.
Justice Muteti ruled that the woman had only consented to the removal of her uterus and ovaries but that the surgeon proceeded to remove her cervix without obtaining her informed consent, violating her rights as a patient.
The judge further held that the injuries left the woman unable to continue working, causing her to lose her earning capacity while enduring years of pain and suffering.
The court also found that the injuries severely affected her marriage, with both she and her husband suffering loss of consortium and enjoyment of family life.
While the consultant urologist named as the second defendant was cleared of negligence, the court found both the gynecologist and Aga Khan Hospital jointly and severally liable for the injuries suffered by the patient.
The hospital was also faulted for failing to provide modern diagnostic equipment, including a flexible cystoscope, which the court said could have enabled doctors to detect the injury earlier.
The court awarded the couple KSh7.2 million in special damages and KSh150 million in general damages.
The award includes KSh30 million for the loss of the cervix, KSh40 million for loss of consortium, KSh20 million for loss of earning capacity, KSh10 million for pain and suffering, KSh2 million for loss of amenities, and KSh30 million to the husband for loss of society and services.
