Home » Epic Court Battle as Woman Sues Meridian Equator Hospital Over Botched Surgery

Epic Court Battle as Woman Sues Meridian Equator Hospital Over Botched Surgery

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An epic court battle is brewing between Ms. Hannah Maria Malla, a 37-year-old woman, and Meridian Equator Hospital over allegations of a rushed and botched surgery that resulted in severe health complications.

Ms. Malla has also named the doctor who performed the gall bladder stones removal operation on her on May 9, 2022, as a co-defendant in the lawsuit.

Ms. Malla is suing both the hospital and the doctor for negligence, citing poor surgical expertise that led to significant emotional, psychological, and financial distress. Her ordeal began when she sought medical attention at the hospital due to abdominal pain.

After an examination, the doctor recommended the removal of gall bladder stones, and two days later, a laparoscopic cholecystectomy procedure was performed.

However, Ms. Malla’s health deteriorated rapidly after her discharge, prompting her to seek a second opinion at German Medical Centre. Subsequent tests there revealed a bile leak. She was then referred to Reliance Hospital in South C, where she underwent reconstructive surgery to repair the damage allegedly caused by the initial procedure.

In her affidavit, Ms. Malla stated, “Due to poor surgical expertise by the doctor, I was forced to seek medical attention from a different hospital in order to receive the proper care and skill that is required for any patient who goes to the hospital for treatment.”

The financial burden has also been substantial for Ms. Malla. She initially paid Sh784,081 for the procedures, with only Sh500,000 covered by her limited inpatient insurance. The remaining Sh284,081 was paid out of her pocket. For the reconstructive surgery, she claims to have paid Sh957,357.

The hospital, represented by Prof Musili Wambua & Company Advocates, has vehemently denied the majority of the claims. They argue that the surgery was professionally executed and emphasize a separation of roles between the hospital and the surgeon. The hospital asserts that it cannot be held legally responsible for the doctor’s actions or omissions.

Medical scans conducted on Ms. Malla at the time reportedly indicated that the surgery had been performed correctly. The hospital describes the doctor who conducted the original surgery as a “visiting specialized surgeon” acting independently.

The court case has brought to light WhatsApp communications where Ms. Malla expressed her dissatisfaction with the initial surgeon. The doctor, in response, claimed that a stricture had caused the surgery clips to release, leading to bile leakage.

Ms. Malla is now seeking special damages totaling Sh859,416, general damages, the cost of the suit, and interest. She is represented by the law firm of Muhatia Pala & Associates Advocates.

This legal battle underscores the complex issues surrounding medical malpractice cases and the challenges patients face when seeking recourse for alleged medical errors.