A Mulanje-based family has dragged the Ministry of Health to court for alleged neglect of a female relation who died after a surgery she underwent at Queen Elizabeth Central Hospital (Qech) in Blantyre went wrong.
Florence Chimenya died on March 28 2024 after suffering from prolonged abdominal pains suspected to have started after her surgery during childbirth at the country’s main referral health facility.
According to court documents Nation on Sunday has seen, the woman gave birth through Caesarean Section on December 28 2023 before being discharged in January 2024.
at Midima Court I Lucky Mkandawire
However, she began experiencing severe stomach pains which forced her to return to Qech for check-up where doctors discovered that some cotton wool had been left inside her belly during her initial surgery.
“Several other surgeries were conducted on the plaintiff in attempts of providing a remedy to her for the damage that had been caused during the first surgery but all was in vain,” reads part of the statement of claim.
The document further states that despite clear signs of no improvement in the deceased’s condition, the medical practitioners at Qech stopped attending to her and advised her to buy some drugs from pharmacies.
“On March 28 2024, Chimenya was discharged from Qech in her ailing condition and she died on her way home,” it reads.
The court records, sourced from Midima Magistrate’ Court in Civil Cause Number 115 of 2024, indicate that Christina Dymon sued the ministry on behalf of beneficiaries of Chimenya’s estate.
The family, which is being represented by lawyers from Nyale Institute for Sexual and Reproductive Health Governance, is demanding compensation from government for damages for dependency, loss of expectation of life, special damages for funeral expenses as well as costs of litigation. According to the documents, the family believes the ministry was in breach of statutory duty and it was due to this breach that Chimenya died.
Further, the family argues that the ministry is also guilty of negligence, which led to Chimenya’s death.
Particulars of the statutory breach include failure to provide proper health care and diligently ensure reduction of risks to the deceased and failure to provide proper medical care which would prevent the injury of the deceased.
Trial of the case commenced on Thursday at Midima Magistrate’s Court in Blantyre and, according to one of the family’s lawyers Mtendere Njewa, the court will rule on the matter after four weeks.
He disclosed that senior resident magistrate Assunta Maxwell proceeded with trial although the ministry, which is supposed to be represented by the Attorney General’s chambers, was not represented.
“So, on our part, we submitted our witness statement and the court ordered that within 14 days both parties should submit their final submissions and 14 days afterwards she will deliver her judgement,” explained Njewa
