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The High Court at Milimani has delivered a ruling in a medical negligence case involving Naila Qureshi and her husband, against Dr. Rafique Parker, a gynaecologist, and two other medical professionals, including the Aga Khan Hospital.
Background of the Case
The case revolves around Naila Qureshi, who was admitted to the Aga Khan Hospital in September 2006 for treatment related to pelvic endometriosis.
During treatment, Qureshi underwent a hysterectomy performed by Dr. Rafique Parker. She, however, developed complications during the procedure.
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Aga Khan Hospital.
Qureshi alleged that during the hysterectomy, her cervix was removed without her consent, and that she was not adequately informed about the risks involved in the procedure.
The removal of the cervix caused serious health consequences, including sexual dysfunction and permanent medical complications.
Additionally, the procedure resulted in the development of a vesico-vaginal fistula, a condition causing incontinence, which further aggravated her physical suffering.
After the procedure, Qureshi sought further medical attention and was forced to travel to South Africa for specialised care.
The plaintiffs also claimed that the hospital and doctors failed to act with reasonable care, leading to Qureshi's worsening condition.
Allegations of Negligence
The plaintiffs accused Dr. Parker and his colleagues of medical negligence. They contended that the hysterectomy was performed unskillfully, leading to damage to Qureshi’s bladder and the subsequent fistula.
The plaintiffs argued that the 1st Defendant, Dr. Parker, did not involve a urologist during the surgery and failed to obtain proper consent from Qureshi, particularly for the removal of her cervix.
Qureshi's condition continued to deteriorate despite the emergency procedures carried out by the doctors.
Court Proceedings and Testimonies
The plaintiffs presented their case by providing expert medical testimony from two South African doctors, who confirmed that the complications Qureshi faced were directly linked to the negligence during the surgery.
One of the South African reports indicated that Qureshi had developed a fistula due to scarring from the hysterectomy.
Aga Khan Hospital.
The plaintiffs also produced evidence of significant financial losses, including medical expenses, the cost of travelling abroad for treatment, and the future cost of medical care.
Dr. Parker and the Aga Khan Hospital, however, denied the allegations of negligence. They argued that the medical procedures followed were standard practice and that Qureshi had consented to the removal of the cervix, which is a part of the hysterectomy procedure.
Dr. Parker further testified that the laparoscopic method he used was a preferred option, offering fewer risks and faster recovery times.
The defence also presented evidence to suggest that Qureshi's condition, including the endometriosis, was a complex medical issue that could have led to complications even with the most careful treatment.
Dr. Richard Baraza, a urologist who testified for the defence, stated that complications in medical procedures are not uncommon and that the issues Qureshi faced were not necessarily caused by medical negligence.
Court's Findings and Judgment
After thoroughly examining the evidence and hearing from both sides, the court concluded that the plaintiffs had indeed established a case of medical negligence.
The court found that Dr. Parker had failed to adequately inform Qureshi about the potential risks involved in the procedure, particularly the removal of her cervix.
The court also noted that Dr. Parker’s failure to consult with a urologist during the hysterectomy contributed significantly to the complications that followed.
The court ruled that the first defendant, Dr. Parker, was negligent in his performance of the hysterectomy and the subsequent surgeries.
Aga Khan Hospital.
Additionally, the hospital, as the facility that allowed an unqualified medical practitioner to operate, was found to be complicit in the negligence.
Compensation and Future Medical Care
As a result of the court's ruling, the plaintiffs were awarded Sh157 million for the pain, suffering, and medical expenses incurred.
The first plaintiff, Qureshi, was granted general damages for the physical and emotional trauma caused by the procedures, including the loss of her cervix, sexual dysfunction, and the long-term impact on her quality of life.
Special damages amounting to Sh7.2 million were awarded to cover Qureshi’s treatment costs, including expenses related to her medical care in South Africa and the ongoing cost of future medical care.
The court also ordered that the plaintiffs be compensated for loss of earnings due to Qureshi's inability to work as a result of her medical condition.