Woman Awarded Ksh157 Million After Court Finds Doctor Removed Cervix Without Consent
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High Court has awarded a couple more than 157 million in damages after winning a patient negligence case in a surgery that was performed in 2006.
The surgery led to the patient losing her cervix without her consent and was performed by Doctor Raffique Parker, who had allegedly been disbarred in Uganda.
A second doctor was also sued because he knew that Doctor Parker had been disbarred from practising medicine in Uganda, but he was negligent and let him perform surgery on patients in Kenya.
According to the court records, the victim, known as Naila Qureshi, underwent a hysterectomy during which the doctor removed her cervix without her consent.
Patient’s Consent
She had only consented to the removal of her uterus and ovary, but the doctor went against that and also removed her cervix.
Naila further argued that the surgery was negligently carried out, which resulted in a vesico-vaginal fistula, which is a condition that causes continuous urine leakage.
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The court further faulted the hospital for failing to provide a flexible cystoscope, an equipment that would have enabled doctors to detect the vesico-fistula earlier.
The court heard that the injuries caused by the doctor left Qureshi with long-term physical and emotional suffering, which affected her quality of life and ability to work to earn a living.
Damages Caused
She told the court that she was forced to leave work due to her condition and has been deprived of her ability to earn a living; hence, she has no source of income.
Qureshi’s husband was also helping his wife to sue, claiming that these complications resulted in years of suffering and also the end of their conjugal relationship.
After reviewing the evidence provided, Justice Muteti found the two doctors negligent in the treatment and management of the patient.
The court awarded the couple a total of Ksh157,207,524.20 in damages, which covers general damages, loss of earning capacity, future medical expenses and other related claims.
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Court Hammer -Conclusion of ruling
PHOTO/DPP
