Monday, 31 October 2016

I CANNOT NOW GET IT UP, SOLDIER SUES HOSP

A PATIENT is suing South Medical Chitungwiza Hospital for $44 000 for negligence after the medical institution improperly inserted a catheter into his manhood causing serious injury that has seen the victim now failing to be intimate with his wife.

Crispen Nyabeze has since filed papers at the High Court demanding compensation from the hospital. South Medical Chitungwiza Hospital is one of the top medical institutions in the country, serving patients in Harare and Chitungwiza.

In the High Court papers filed on April 21 2016, Nyabeze – a soldier – cites Lincoln Savanhu (a nurse) and South Medical Chitungwiza Hospital as first and second respondents, respectively. Nyabeze is employed by the Zimbabwe National Army as an engineer.

“On the 28th day of July 2014, while attending to the plaintiff who was admitted at South Medical Chitungwiza, the first defendant (Savanhu) improperly and negligently inserted a catheter into the plaintiff’s penis and thereby causing injury in the plaintiff’s bulbar urethra,” reads the court papers.

Nyabeze, through his lawyers Dondo and Partners, alleges the injury caused was severe.
“The injury to the plaintiff’s urethra caused some tight strictures. As a result, plaintiff is no longer able to urinate using his penis and a tube had to be inserted into him to pass urine which position caused a lot of pain and discomfort. Plaintiff is no longer able to have sexual intercourse with his wife anymore. He is also incapable of fathering any child through the natural reproductive process, a position which has affected plaintiff’s marriage and social well-being,” added Nyabeze’s lawyers.
The lawyers said the hospital’s negligence affected Nyabeze to the extent that he requires to undergo yet another operation to cure strictures which developed in his urethra. The operation costs $10 000.

“In consequence to the above, the plaintiff suffered damage in the sum of $44 000 made up and calculated as follows: Pain and suffering $8 000, medical and hospital expenses $6 000, disfigurement $3 000, loss of general health $2 000, shortened life expectancy $1 000, future medical expenses $20 000 and $4 000 for miscellaneous expenses.

The parties later held a series of meetings in a bid to resolve the matter out of court but nothing materialised. In a letter to Nyabeze’s lawyers, the hospital’s legal counsel Wintertons Legal Attorneys, pledged to investigate the matter.

“We are unable to respond to your proposal. When we left the conference table on the 19th September 2016, you highlighted how your client would want this issue resolved. Our client undertook not only to conduct its own investigations, but consider the proposal made by yours which you affirmed. We are still awaiting their response in that direction and shall respond to you as soon as we have full instructions.”

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