A Blantyre woman, Yankho Luka, has taken Mulanje Mission Hospital to the High Court seeking compensation after her womb was removed days following a Caesarean section in November 2023.
Luka is challenging a determination by the Medical Council of Malawi (MCM), which cleared the hospital’s senior medical staff of professional negligence following a 17-month investigation.
womb: Luka. I Ntchindi Meki
According to court documents filed by her lawyers, Luka was admitted to Mulanje Mission Hospital on November 1 2023 to deliver a baby. She delivered by Caesarean Section (CS) performed by a Dr. Smart, assisted by three members of staff.
Court records state she was discharged on November 4. Her condition later deteriorated at home and she was readmitted on November 8 with severe abdominal pain and foul-smelling vaginal discharge.
Medical records filed with the court indicate she was diagnosed with peritonitis —an inflammation of the abdominal lining— and endomyometritis, an infection of the uterine tissue.
The records further show that on November 10, Doctors Malin and Major performed an emergency hysterectomy after concluding that Luka’s uterus was severely damaged. A third operation was done on November 17 to remove blood clots from the surgical wound.
Luka’s lawyer, Wayne Kajawo of Mambulasa and Company Advocates, lodged a formal complaint with MCM on November 23 2023, alleging gross incompetence and unprofessional conduct.
On April 24 2025, the council issued its determination. It exonerated supervisor Dr. Marleen Zijderveld and the hospital.
It found Clinical Officer Linda Ekhama liable for an oversight during Luka’s discharge, specifically for failing to investigate an elevated pulse rate recorded before Luka left hospital.
The council classified the outcome as an “unfortunate medical circumstance”. As sanction, Ekhama was asked to make a formal apology.
Kajawo described the sanction as “grossly inadequate”.
“The nurse only apologised,” he said. “How somebody can be left with just an apology after serious misconduct that led to one losing her uterus is just beyond belief.”
He also questioned the medical basis of the determination, arguing the council failed to explain how a patient with no known uterine problems required a hysterectomy days after a routine CS.
“If a patient goes to a hospital with a proper uterus to deliver a baby, comes out without her uterus and the hospital fails to explain what caused the removal, that raises serious questions about whether the C-section was properly done,” he said.
In a written response, MCM Registrar and chief executive officer Dr. Davie Zolowere defended the findings and the process.
He said the council reached its conclusions after reviewing medical records, hearing testimony from all parties and assessing whether treatment met accepted standards of care. He added that the complaint against Ekhama was handled separately in line with council procedures.
“The council invited all involved parties to the disciplinary committee; there was no hearsay,” Zolowere said. He said Ekhama appeared at a subsequent hearing after primary evidence had been received.
On consent, the council’s report states Luka signed standard consent forms before surgery, but notes communication during the process “may have lacked a comprehensive explanation of possible complications”.
Zolowere rejected claims of contradiction.
“The issue of insufficient information was presented only as a possibility, not as fact,” he said.
“The fact remains that the informed consent form, which explicitly included the potential for complications, was signed by Yankho Luka.”
He said both parties were provided with summaries of the proceedings in line with the Medical Practitioners and Dentists Act, and that the Act allows a dissatisfied complainant to approach the High Court.
Kajawo disputed that, arguing that a signature alone does not meet legal and ethical requirements for informed consent, “particularly where a patient is under stress and may not fully understand the risks”.
“To me, the investigation was just a sham,” he said. “I don’t understand how a body of professionals can conclude that it was an accident without elaborating in medical terms how it was caused.”
Kajawo confirmed the matter has been escalated to the High Court after the Minister of Health did not act on an earlier appeal. No hearing date has been set.
Mulanje Mission Hospital had not responded to requests for comment by press time.
