KENYA : Court Orders Aga Khan Hospital To Compensate Woman Ksh.157M Over Botched Surgery

      By Lisbeth Micheni, Kenya 

A Nairobi High Court has directed Aga Khan Hospital to pay a woman and her husband more than Ksh.157 million after a surgical operation went awry, resulting in serious physical harm and emotional trauma.

Justice Alexander Muteti found that the hospital’s gynecologist, cited as the first defendant, removed the woman’s cervix during a procedure in September 2006 despite her having only consented to the removal of her uterus and ovary.

The judge ruled that this amounted to gross medical negligence and a serious violation of the patient’s rights.

The woman’s life changed dramatically following the surgery. She was unable to continue working and lost her ability to earn a living. The impact of her injuries extended to her marriage, with the court noting a profound loss of intimacy and quality of life for both spouses.

Although a second medical practitioner involved in the case was cleared of wrongdoing, the court held the hospital, named as the third defendant, accountable for failing to uphold its duty of care.

The court noted that the hospital had allowed the doctor to operate, despite knowing he had previously been disqualified from practicing medicine in Uganda.

In addition, the hospital’s lack of critical diagnostic equipment, such as a flexible cystoscope, delayed the identification of complications.

These issues were only later addressed by specialists in South Africa, where the woman sought further treatment.

The judge agreed that the plaintiffs had proven their claims, including losses tied to medical expenses and suffering.

The court awarded them general and special damages totaling Ksh.157 million.

The woman also testified that the damage caused by the procedure affected her sexual function and ability to fulfill her marital duties.

She incurred significant additional medical costs seeking advanced care abroad and stated that her condition requires ongoing treatment.

The ruling reinforces the importance of medical institutions upholding professional standards and ensuring patient consent is properly observed.