The High Court in Nairobi has ordered Aga Khan Hospital to pay over Ksh.157 million in compensation to a woman and her husband after a botched surgical procedure led to life-altering injuries and profound emotional trauma. The judgment, delivered by Justice Alexander Muteti, found the hospital and its gynaecologist grossly negligent after the doctor performed an unauthorised removal of the woman’s cervix during a surgery in September 2006—a procedure that was only meant to remove her uterus and ovary.
The court heard that the patient, Ms. Naila Qureshi, had consented to a hysterectomy but was never informed her cervix would also be removed. The judge ruled that this constituted a serious breach of medical ethics and the patient’s rights, resulting in permanent injuries, loss of employment, and a significant decline in her quality of life.
Justice Muteti held Aga Khan Hospital responsible not only for the actions of the doctor—who had previously been disbarred from medical practice in Uganda—but also for failing to properly vet and supervise its staff. The court also noted the hospital’s lack of essential diagnostic equipment, such as a flexible cystoscope, which delayed the detection and treatment of complications, ultimately forcing the patient to seek specialised care in South Africa.
The woman and her husband testified that the injuries caused lasting physical pain, loss of sexual enjoyment, and severe emotional distress, which also strained their marriage and financial stability. The court awarded damages to cover lost income, future medical expenses, pain and suffering, and the loss of companionship and amenities.
The total award of Ksh.157 million includes:
i) Special damages for medical costs in Kenya and South Africa
ii) General damages for pain, suffering, and loss of amenities
iii)Compensation for loss of earning capacity
iv) Damages for loss of consortium and companionship for her husband
While a second doctor involved in the case was cleared of any wrongdoing, the court underscored that the hospital must be held accountable for its failure to ensure proper medical oversight and patient safety.
This ruling is seen as a major precedent in Kenya’s medical sector, highlighting the critical importance of professional standards, patient consent, and hospital responsibility in safeguarding patient welfare.
