A couple in Nairobi has finally received justice after a 19-year-long court case.

This comes after a Nairobi court on Wednesday, June 4 awarded Naila Qureshi and her husband KSh 157 million in damages following a botched surgery that resulted in the loss of the woman’s cervix.

Naila was admitted to Aga Khan Health Service Kenya in September 2006 for what was supposed to be routine treatment for pelvic pain and endometriosis.

However, the doctor attending to her botched the surgery, leaving her in severe physical and emotional pain.

The High Court found that the hospital's gynaecologist had performed an unauthorised procedure and removed Naila's cervix.

The couple had initially consented to the removal of her uterus and ovaries, but not her cervix.

The court deemed this act as gross negligence on the doctor's part and a violation of the patient's rights.

Following the botched surgery, Naila suffered life-altering injuries, which led to the loss of her ability to work and earn a living.

Breakdown of compensation for botched surgery

Moreover, the hospital was ordered to pay damages amounting to KSh 157,207,524, which includes KSh 7,207,524 in special damages to cover treatment costs in both Kenya and South Africa, where the botched surgery was repaired.

The couple was awarded KSh 30 million for the unauthorised removal of the 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, and KSh 30 million for the loss of society and services.

Aga Khan University Hospital was found liable for allowing the doctor to practise in their facility despite being aware that he had been disbarred from medical practice in Uganda.

Naila told the court that due to the hospital's negligence, she suffered the loss of her cervix, which led to the loss of conjugal enjoyment and the ability to satisfy her husband.

Moreover, the couple claimed that the nature of her injury necessitates sustained and continuous treatment, for which they are seeking compensation for future medical costs.

Source: TUKO.co.ke