MEDICAL MALPRACTICE

The deceased, Monica Mwanza and Grace Mwanza (not related), approached Petauke General Hospital for permanent contraception known as bilateral tubal ligation (BTL). The operations were conducted on the same day on 31st March 2005, under general anaesthesia by Dr. Mbinga Mbinga, a Medical Practitioner. When the two women regained consciousness, they were wheeled from the theatre to the recovery ward. The nurse on duty in the ward, a Mrs. Beatrice Tembo Msoni, administered doses of injections allegedly prescribed by the doctor and almost immediately, both women stopped breathing. The doctor's efforts to resuscitate them failed and minutes later, the two women were pronounced dead.

Post-mortem results and the forensic pathologist's report indicated the cause of death as chemical poisoning. An analysis of the specimens, comprising urine, blood and stomach contents collected from the bodies of the deceased women detected an organo-chlorine pesticide identified as endosulfan.

The Supreme Court of Zambia upheld the award of damages for loss of expectation of life and for professional negligence (See the case of Attorney General v. George Mwanza (in his capacity as Personal Representative of the late Monica Mwanza) & Whiteson Mwanza (in his capacity as Personal Representative of the late Grace Mwanza) APPEAL NO 203/2014 (Selected Judgment No. 38 of 2017)).

EVERYONE IS ENTITLED TO RECEIVE PROPER CARE AT A HOSPITAL/CLINIC AND THE STANDARD OF CARE MUST MEET NATIONAL AND INTERNATIONAL MEDICAL CARE PROTOCOLS TO GIVE YOU THE BEST CHANCE TO GET WELL

Nothing compares with the unexpected loss of a loved one due to the malpractice of a medical professional, or an accident caused by negligence. While the legal implications of your loved one’s death or injury may be the last thing on your mind at the time of your loss or their injury, it is imperative that you consult a lawyer who can help you understand your rights.