A POLICE detective is suing the Gwanda Provincial Hospital for nearly $1 million after a nurse at the health facility disposed of an ovarian cyst removed from her body without sending it for laboratory tests.
Detective Constable Siguqukile Nyathi is accusing the
hospital, including the doctor who conducted the operation and the nurse who
threw away the ovarian cyst, of failing to render proper medical treatment as
well as exercising the required degree of skill and care as expected.
She had been admitted to Gwanda Provincial Hospital to
undergo an abdominal myomectomy (a major surgical procedure, which involves
making an incision through the skin on the lower abdomen and removing the
fibroids from the wall of the uterus).
Nyathi said during the surgical procedure, the doctor, only
identified as Dr Rambanapasi in court papers, advised her that she had an
ovarian cyst which had to be removed for tests to be conducted in order to
establish her medical condition.
However, a nurse, only identified as Sister Mathiya in
court papers, threw the ovarian cyst away soon after its removal.
Nyathi, through her lawyer Mr Norman Mugiya of Mugiya and
Muvhami Law Chambers, filed summons at the Bulawayo High Court, citing Gwanda
Provincial Hospital, Dr Rambanapasi and Sr Mathiya as defendants. She is
seeking an order directing the defendants to compensate her $950 000 in damages
for “contumelia” arising from their professional negligence.
“On the evening of February 28, 2019, I was admitted to
Gwanda Provincial Hospital for myomectomy operation. During the surgical
procedure, the first defendant (Dr Rambanapasi) advised me that there was an
ovarian cyst which he sought to remove for tests to conducted in order to get a
proper diagnosis of my medical problem,” said Nyathi.
“The ovarian cyst was removed during the operation and the
second defendant (Sr Mathiya) was instructed to take it to the laboratory for
tests to be conducted. However, Sr Mathiya threw the cyst away.”
Nyathi said nurses and doctors who attended to her
wrongfully and negligently failed to ensure that the ovarian cyst was stored in
a safe place before safe delivery to a laboratory for tests. She said she has
been experiencing pain, suffering and discomfort as her condition cannot be
diagnosed and treated.
Nyathi said the results from the cyst would have assisted
the doctors in diagnosing her chronic discharge. She also claimed to be
experiencing psychological trauma and wants the defendants to be ordered to pay
for the damages.
“In the premises, the third defendant (Gwanda Provincial
Hospital) is vicariously liable for payment of damages because at all material
times, there was an ostensible employer-employee relationship or alternatively
principal agent relationship between the hospital, Dr Rambanapasi and Sr
Mathiya,” said Nyathi.
She said despite demand, the defendants have refused,
failed and neglected to pay the money.
“Wherefore, plaintiff prays for the payment of $950 000 by
the defendants jointly or severally one paying the other to be absolved to the
plaintiff being damages for contumelia arising from the defendants’
professional negligence,” said Nyathi.
She also wants the defendants to pay the money with an
interest of five percent calculated from the date of summons to the date of
full payment including legal costs. Th e defendants are yet to respond.
Chronicle
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