28 August 2017

Tanzania: Woman Wants 200m/ - Relief for 'Botched' Delivery

A FEMALE Dar es Salaam resident, Ms Khairat Omary, has filed a suit at the Kisutu Resident Magistrate's Court in Dar es Salaam against Kairuki Hospital, demanding about 200m/- in damages, for allegedly negligence.

She alleges that staff of the medical facility left some foreign materials in her body during the process of delivering a baby through an operation, resulting in health complications that led to the removal of her uterus.

"The plaintiff has no chances of bearing children again despite the fact that she is still young and only 29 years old," reads part of a plaint of the suit filed by lawyers from Jonas & Associates Law Chambers.

Principal Resident Magistrate Thomas Simba has been assigned to hear the suit, which has been set for mention on August 31. The plaintiff is seeking an order for payments of 20m/- being treatment costs, 25m/- as loss of income, payments of 80m/- as punitive damages and 30m/-for breach of fiduciary duty.

It is alleged that the plaintiff was a client and customer of the defendant, attending her pregnancy clinics at the hospital and had no complications during the period and was scheduled to deliver in an ordinary manner on or before December 15, 2016.

On December 15, 2016, the plaintiff was admitted at the defendant's hospital and delivered a baby by cesarean procedure. After the operation, she was discharged and told to return on December 21, 2016 for condition examination.

The plaintiff claims that when she reached home, she started experiencing severe lower abdominal pains, nausea and vomiting.

On December 21, 2016, she went to the hospital and briefed staff on the worrisome situation. Seeing her condition and complains, the doctor is alleged to have ordered an ultra sound to be carried out in order to get a deeper insight of the problem.

To her surprise, however, the doctor told her to take some pain killers and rest, assuring her that she would be okay.

The plaintiff claims that after reaching home, her condition worsened and at times couldn't walk, prompting her relatives to rush her to Tanzania Occupational Health Services for further examination and interventions.

It is stated that a subsequent ultra sound examination revealed that her body hosted some foreign materials, that her uterus was bulky and the endometrial cavity was filled with echogenic materials.

The hospital advised the plaintiff to be taken to a specialist hospital immediately and she was rushed to Regency Hospital, and subsequently, to Muhimbili National Hospital. Doctors there conducted an emergency laparatomy. It is further pointed out that doctors decided that her uterus, which had been badly damaged as a result of decaying due to the retention of materials of conception, should be removed in order to save her life.

Furthermore, the plaintiff allegedly suffered from fistula, and her intestines were affected by the decaying of her uterus due to the defendant's alleged gross negligence.

As a result, the plaintiff had to be moved to surgery department and undergo intestinal surgery in order to repair her intestines and stop the leaking of waste products through her stomach wound.

The plaintiff states that the defendant owed a duty of care to her in relation to her pregnancy from the clinic attendance up to the delivery of her baby, including all matters arising out of and incidental to her safe delivery without limiting the generality of their duty of care.


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