Court dismisses hospital negligence suit

DAR ES SALAAM: THE High Court in Dar es Salaam has dismissed a lawsuit filed by a patient, Evelyne Andrew, who was seeking 200m/- in damages and the dismissal of the Officer in Charge of Sinza Hospital along with nurse Ernestina Jeremia, over alleged professional negligence.

In his ruling, Judge Hussein Mtembwa stated that the plaintiff, who was admitted to the hospital in 2021 for maternal health services, failed to provide sufficient evidence to support her claims against the defendants, the Attorney General and the Municipal Director of Ubungo Municipal Council.

“In my evaluation, I see no evidence suggesting that the defendants committed a tort of negligence. Based on the available evidence, the claim was not proven to the required standards in civil law. In the final analysis, this suit is dismissed,” the judge stated in his recently delivered judgment.

Before reaching his conclusion, the judge considered several legal issues, including whether nurse Ernestina Jeremia was liable for negligence.

Both parties were represented by legal counsel: Advocates Peter Majanjala and Rosalia Rutagwelela for the plaintiff and State Attorneys Caroline Lyimo, Nipael Mazinde, and Christer Cornelius for the defendants.

The court found that the patient arrived at Sinza Hospital at around 3:00 am., experiencing labour pains.

She was initially attended by other nurses, although the court records are silent on the nature and adequacy of this early care.

At around 6:00 am., she was taken to the labour ward and attended by nurse Ernestina, who administered an oxytocin drip and assisted in the safe delivery of the baby.

According to testimony, nurse Ernestina informed the patient of the baby’s gender after delivery, administered an injection to stop post-partum bleeding, cleaned her up and advised her to rest.

However, the judge noted a critical lack of documentation regarding the fetus’s condition upon the patient’s arrival and during the progression of labour.

“There is no evidence indicating the condition of the fetus when the patient arrived at the hospital. Likewise, the records are silent on how the pregnancy progressed from admission to delivery,” the judge observed.

ALSO READ: High court acquits 10 in murder case over land dispute

He said that such information was crucial for the court to determine whether negligence had occurred.

“In such circumstances, it is difficult to determine whether both the fetus and the patient were in a safe condition upon arrival. The plaintiff was expected to present this evidence during the hearing, on a balance of probabilities,” he added.

The case stemmed from events on April 14, 2021, when Evelyne Andrew was admitted to Sinza Hospital in advanced labour.

She claimed that both the nurse and the hospital’s officer in charge refused to provide immediate medical care because she could not pay for the services upfront.

Although she assured them that her husband would arrive shortly to settle the bill, the plaintiff alleged that medical care was withheld until payment was made.

She further claimed that the delay caused health complications to the newborn, who was subsequently referred to Muhimbili National Hospital (MNH). Tragically, the baby died on April 16, 2021, reportedly due to breathing complications resulting from prolonged labour. The body was later released to the family for burial.

In dismissing the suit, the court underscored the need for clear, documented evidence in civil claims involving alleged medical negligence.