Africa-Press – Tanzania. A DAR ES SALAAM woman, Florah Lengwana, is demanding over 1.5bn/- from Kairuki Hospital and medic, Dr George Chugulu, as compensation and damages for alleged negligence and damages caused when administering some treatments in 2018 and 2019.
She has filed a suit before the High Court in Dar es Salaam, demanding 800m/- as compensation for the alleged damages caused, 80m/- as punitive damages, 700m/- as general damages and declaratory order that the hospital and the doctor acted negligently and without medical care in treating her.
Ms Lengwana, the plaintiff, accuses the hospital and the doctor, the defendants, of being negligent which caused serious and irretrievable mischief and loss of the womb on her part, reasons whereof she no longer has any hope or opportunity to conceive or give birth to children.
The plaintiff states in her amended plaint that on July 2, 2018, while neither sick nor feeling any pain, she went to the hospital for the purposes of undergoing a routine of what is described as “Paps Mear” test, the cervical cancer screening, which she had previously done routinely after every three years.
It is stated that upon her arrival at the reception of the hospital and after registration, the plaintiff was advised that before undergoing the Paps Mear test she must first see the Gynecologist, who happened to be Dr Chugulu for filling the NHIF forms in order to be attended to and the test be conducted.
“The plaintiff gave her brief detailed medical history to (Dr Chugulu) who in turn prescribed for (her) to undergo several other tests, including Hysterosalpingography (HSG).
The issue of Paps Mear test was never attended,” reads part of the plaint of the suit in question. Instead, she went on stating, Dr Chugulu advised the plaintiff to undergo infertility tests before she could be allowed to go through the Paps Mear test.
“The (doctor’s) advice and his handling of her case was negligent and, or wrong,” the plaintiff stated.
However, the defendants have vehemently denied such serious claims in their joint written statement of defence and are putting the plaintiff to prove the same strictly.
In addition, Doctor Chugulu is disputing having any relationship with Kairuki Hospital. The defendants stated that the plaintiff visited the hospital on July 2, 2018, seeking a doctor’s consultation regarding her complaints relating to failure to conceive for more than six years, since she had given birth to her only child born after undergoing various medical procedures at different hospitals. which were necessary to ascertain the cause of her problems and possible action to assist in resolving her problem,” read part of the written statement of defence.
The defendants state, therefore, that there was no negligence or anything wrong in respect of the advice given to the plaintiff, because the advice was accepted by her upon signing the NHIF Forms and presenting herself for medical tests at the laboratory and Radiology department of the hospital.
Such suit is before Judge Lilian Itemba and has been set for hearing on October 21, 2021 after the parties had failed to settle the matter through mediation.
