Court orders N$1.9m payout to amputee over botched surgery
Private hospital, doctor held liable
The Windhoek High Court has ordered Katima Mulilo-based Enkehaus Private Hospital, a medical doctor on staff and the health ministry to pay nearly N$1.9 million in damages to a Katima Mulilo resident who lost his leg after complications during a surgical procedure led to amputation.
Court documents indicate that the man underwent a laparotomy at the private hospital in November 2020. Arterial damage during the operation restricted blood flow, ultimately necessitating the amputation of his right leg above the knee, the court found.
In his ruling issued on Wednesday, acting judge Collins Parker held both the hospital and Dr Bakashala Kombo – cited as the second defendant – liable for negligence, concluding that their actions directly caused the patient’s injuries.
"The court found that the consequence of the second defendant's conduct was within the risk created by his incision method," Parker noted.
"Accordingly, the private hospital and the second defendant were liable. The second defendant's conduct was a sine qua non of the harm complained of, and the evidence established factual causation and legal causation for liability to ensue," the judgement read.
Compelling evidence
Parker further highlighted that the case centred on an unsuccessful attempt by Kombo to remove the patient’s appendix through an incorrectly placed incision in the right groin rather than the abdomen.
This surgical error resulted in right testicular atrophy and ultimately necessitated the above-knee amputation to save the patient’s life.
The court found that Dr Kombo’s actions were the direct cause of the patient’s injuries and that both the doctor and the hospital had breached their legal duty of care.
Despite attempts by the defendants to have the case dismissed early, the court ruled that the evidence presented by the patient, represented by lawyer Profysen Muluti, was compelling.
The court also held that it was reasonable to impose liability on the defendants for the injuries sustained.
While the patient initially sought N$9.5 million in damages, the court awarded a total of N$1 877 038 for general and special damages.
Defendants’response
Two years ago, while the case was still on trial, Namibian Sun reported that Dr Kombo, Enkehaus Private Hospital, and the ministry argued in their court submissions that there was no link between the exploratory laparotomy and the arterial injury that ultimately led to the amputation.
In court documents, the defendants argued that any arterial bleeding during the procedure would have caused the patient to bleed out and die on the operating table.
They also argued that no vascular repair was performed during the laparotomy because he did not have the necessary expertise, and the procedure would have required a vascular surgeon.
The doctor informed the court that the patient was diagnosed with deep vein thrombosis, and it was decided the same evening to transfer him to Rundu Private Hospital for a Doppler ultrasound and scan, as these services were not available at Enkehaus at the time.
The hospital was officially opened in May 2021 by former health minister Dr Kalumbi Shangula.
[email protected]
Court documents indicate that the man underwent a laparotomy at the private hospital in November 2020. Arterial damage during the operation restricted blood flow, ultimately necessitating the amputation of his right leg above the knee, the court found.
In his ruling issued on Wednesday, acting judge Collins Parker held both the hospital and Dr Bakashala Kombo – cited as the second defendant – liable for negligence, concluding that their actions directly caused the patient’s injuries.
"The court found that the consequence of the second defendant's conduct was within the risk created by his incision method," Parker noted.
"Accordingly, the private hospital and the second defendant were liable. The second defendant's conduct was a sine qua non of the harm complained of, and the evidence established factual causation and legal causation for liability to ensue," the judgement read.
Compelling evidence
Parker further highlighted that the case centred on an unsuccessful attempt by Kombo to remove the patient’s appendix through an incorrectly placed incision in the right groin rather than the abdomen.
This surgical error resulted in right testicular atrophy and ultimately necessitated the above-knee amputation to save the patient’s life.
The court found that Dr Kombo’s actions were the direct cause of the patient’s injuries and that both the doctor and the hospital had breached their legal duty of care.
Despite attempts by the defendants to have the case dismissed early, the court ruled that the evidence presented by the patient, represented by lawyer Profysen Muluti, was compelling.
The court also held that it was reasonable to impose liability on the defendants for the injuries sustained.
While the patient initially sought N$9.5 million in damages, the court awarded a total of N$1 877 038 for general and special damages.
Defendants’response
Two years ago, while the case was still on trial, Namibian Sun reported that Dr Kombo, Enkehaus Private Hospital, and the ministry argued in their court submissions that there was no link between the exploratory laparotomy and the arterial injury that ultimately led to the amputation.
In court documents, the defendants argued that any arterial bleeding during the procedure would have caused the patient to bleed out and die on the operating table.
They also argued that no vascular repair was performed during the laparotomy because he did not have the necessary expertise, and the procedure would have required a vascular surgeon.
The doctor informed the court that the patient was diagnosed with deep vein thrombosis, and it was decided the same evening to transfer him to Rundu Private Hospital for a Doppler ultrasound and scan, as these services were not available at Enkehaus at the time.
The hospital was officially opened in May 2021 by former health minister Dr Kalumbi Shangula.
[email protected]
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