Man claims healthy kidney removed by state doctors in N$41m lawsuit
Windhoek resident Lucius Kondjeni (60) has filed a N$41 million lawsuit against the health ministry, accusing doctors at Windhoek Central Hospital of allegedly removing his healthy kidney by mistake during a medical procedure.
Kondjeni says this has left him dependent on dialysis for the rest of his life.
“The plaintiff (Kondjeni) is severely handicapped as a result of the loss of his healthy kidney and will remain so for the rest of his life," his lawsuit states.
According to court documents filed by his lawyer, Norman Tjombe, in the Windhoek High Court this month, Kondjeni claims he was admitted to the hospital on 29 July for a medical assessment. He argues that, due to alleged negligence, doctors performed a radical nephrectomy on his left kidney instead of his right.
He says the operation was carried out without proper diagnostic assessments such as imaging and blood tests, which would have confirmed which kidney was diseased.
As a result, Kondjeni alleges he now suffers severe pain, requires haemodialysis three times a week, and is permanently handicapped. He also claims he has lost his ability to work and earn an income.
Kondjeni’s lawsuit further states that medical staff failed to act “with due and proper care and diligence” and breached their duty by performing the wrong procedure.
He is claiming N$1 million for loss of income and N$20 million in general damages for pain, suffering, humiliation and disfigurement.
As an alternative claim, he is seeking an additional N$20 million in constitutional compensation, citing violations of his rights to dignity, life and occupation under Articles 6, 8 and 21 of the Namibian Constitution.
The health ministry, represented by the government attorney, has yet to file its responding plea.
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Kondjeni says this has left him dependent on dialysis for the rest of his life.
“The plaintiff (Kondjeni) is severely handicapped as a result of the loss of his healthy kidney and will remain so for the rest of his life," his lawsuit states.
According to court documents filed by his lawyer, Norman Tjombe, in the Windhoek High Court this month, Kondjeni claims he was admitted to the hospital on 29 July for a medical assessment. He argues that, due to alleged negligence, doctors performed a radical nephrectomy on his left kidney instead of his right.
He says the operation was carried out without proper diagnostic assessments such as imaging and blood tests, which would have confirmed which kidney was diseased.
As a result, Kondjeni alleges he now suffers severe pain, requires haemodialysis three times a week, and is permanently handicapped. He also claims he has lost his ability to work and earn an income.
Kondjeni’s lawsuit further states that medical staff failed to act “with due and proper care and diligence” and breached their duty by performing the wrong procedure.
He is claiming N$1 million for loss of income and N$20 million in general damages for pain, suffering, humiliation and disfigurement.
As an alternative claim, he is seeking an additional N$20 million in constitutional compensation, citing violations of his rights to dignity, life and occupation under Articles 6, 8 and 21 of the Namibian Constitution.
The health ministry, represented by the government attorney, has yet to file its responding plea.
[email protected]
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