The High Court has awarded Charity (not her real name) K70 million as compensation for the wrongful mutilation of her vagina during multiple surgeries at Queen Elizabeth Hospital.
According to the order of damages, High Court registrar Elijah Blackboard Dazilikwiza Pachalo Daniels said the compensation is for pain, suffering, loss of amenities, disfigurement, trauma and psychological distress.
According to the order, Charity successfully sued Dr Samuel Meeja and ministry of health (Queen Elizabeth Hospital) through the Attorney General for the treatment she got when the she got so sick from early 2017 to 2020.
“Thus, the record has it that the claimant went through an excruciating biopsies, painful chemotherapy.multiple and invasive and painful procedures, tests and surgeries.In March 2020, the claimant had had a failed operation which caused a lot of excruciating pain on her at the hand of the Dr Meja. As a result of the said painful and failed operation, the claimant suffered serious multiple wounds and infections on the operated parts of her body, she was fitted with a colostomy bag.
“As a result of the failed surgeries and operations, the claimant has a mutilated vagina and with permanent scars thereof. The diagnosis is that she can never have a child and or have sexual intercourse. We understand her worry. Her depression as submitted is equally warranted,” reads part of the order
Pachalo Daniels noted that the conduct of Dr Meja was a serious breach of a fiduciary duty as he had been negligent in handling the situation of the Charity through conducting erroneous tests, misdiagnosis and uninformed surgery that left the patient seriously deformed, in trauma as well as completely depriving her from the enjoyment of a colourful sexual life and parenthood.
“Consequently, we find this case to be appropriate for awarding exemplary damages so as to deter the defendants and others from repeating or doing the same,” he noted
He then awarded K20 million for pain and suffering, loss of amenities, and disfigurement, K5 million for psychological distress and trauma she suffered and K40 million as exemplary damages befitting this case
Further, the court awarded K2.5 million for loss of expectation of life and another K2.5 million fo companionship as well as other smaller provable damages on record.
