Woman Sues Meridian Equator Hospital Over Botched Surgery

A  legal showdown is brewing between Ms. Hannah Maria Malla, a 37-year-old woman, and Meridian Equator Hospital, as she alleges a rushed and botched surgical procedure that resulted in severe health complications.

Ms. Malla has included the surgeon who performed the gall bladder stones removal operation on May 9, 2022, as a co-defendant in her lawsuit against both the hospital and the doctor.

Accusing them of negligence, Ms. Malla points to subpar surgical expertise that has caused significant emotional, psychological, and financial distress. Her ordeal began with a visit to the hospital due to abdominal pain.

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

However, Ms. Malla’s health rapidly deteriorated after her discharge, leading her to seek a second opinion at German Medical Centre. Subsequent tests uncovered a bile leak, and she was subsequently referred to Reliance Hospital in South C for reconstructive surgery to address the alleged damage caused by the initial procedure.

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In her affidavit, Ms. Malla stated, “Due to the doctor’s inadequate surgical skills, I had no choice but to seek medical attention from a different hospital to receive the proper care and expertise that every patient deserves.”

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

The hospital, represented by Prof Musili Wambua & Company Advocates, has strongly refuted most of the claims. They assert that the surgery was professionally executed and emphasize a clear distinction between the roles of the hospital and the surgeon. The hospital argues that it cannot be held legally responsible for the actions or omissions of the doctor.

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

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

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

This legal battle underscores the intricate issues surrounding medical malpractice cases and the hurdles patients encounter when seeking redress for alleged medical errors.