Thursday, June 5, 2025 - The High Court has awarded Ksh 157,207,524 in compensation to a Nairobi woman and her husband following a botched surgical procedure at Aga Khan University Hospital.
The landmark ruling, delivered by Justice Alexander Muteti
on Wednesday, brought to an end an 18-year legal battle by Ms. Naila Qureshi.
Ms. Qureshi had been admitted to the hospital in September
2006 for treatment of pelvic endometriosis.
She consented to the removal of her uterus and one ovary.
However, during the procedure, the attending gynaecologist -
referred to in court as the first defendant - also removed her cervix without
her knowledge or approval.
The court found this action to be a gross violation of
medical ethics and a serious breach of her rights as a patient.
Justice Muteti ruled that the evidence clearly demonstrated
the surgeon’s negligence and that the hospital was equally culpable for
allowing the doctor to operate, despite knowing he had been disbarred from
medical practice in Uganda.
As a result of the unauthorized procedure, Ms. Qureshi lost
her ability to work, suffered physical and psychological harm, and experienced
a drastic decline in her quality of life.
She also lost the ability to maintain physical intimacy with
her husband, leading to the deterioration of their marital relationship.
The court awarded a total of Ksh 7,207,524.20 in special
damages, covering medical expenses, transport, and related costs incurred
during and after treatment.
In addition, Ksh 150 million was granted in general damages
to compensate for the long-term consequences of the surgery.
Ms. Qureshi lost her job and can no longer work.
The court acknowledged the deep impact on her physical,
emotional, and marital well-being.
These were broken down as follows:
Ksh 30 million for the loss of her cervix
Ksh 40 million for the loss of consortium, acknowledging the
impact on her marriage
Ksh 20 million for loss of amenities, representing the
diminished quality of life
Ksh 10 million for pain and suffering
Ksh 20 million for loss of earning capacity
Ksh 30 million to her husband for the loss of society,
companionship, and services.
The Kenyan DAILY POST
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