A LUSAKA woman has sued Fairview Hospital in the Lusaka High Court for alleged professional negligence, claiming over K5 million following the death of her niece who died in labour in April this year.

According to a statement of claim filed in court, Tapiwa Maria Gondwe, the aunt to Masozi Gondwe Kakuwa and the administrator of the deceased’s estate, sued Medi-Care International Limited trading as Fairview Hospital for negligence after Masozi’s postmortem results showed that her death was wholly caused by the hospital’s lack of proper care, attention or dereliction and non-fulfilment of duty.

She stated that Masozi, on April 1 this year, drove herself to the hospital to deliver her child as she was in labour.

The plaintiff stated that Masozi never complained about anything except for labour pains as her pregnancy had reached full term.

But due to the hospital’s professional negligence, states the plaintiff, the deceased’s labour prolonged for about two days.

The plaintiff stated that Masozi was then taken to the theatre where an operation was conducted but she died in the operation room.

She stated that the baby, however, survived.

The plaintiff added that after her niece died, the hospital first informed Barclays Bank who were her employers and failed to inform her family until after about six hours of her demise.

She stated that the time the family was informed, an Ideal Funeral hearse was already at the hospital to pick Masozi’s body without the knowledge of the family.

The plaintiff also stated that the deceased had a good job at the bank and looked after her three-year-old daughter and her mother.

She stated that the family would have difficulties now due to her untimely death.

The plaintiff further stated that the hospital failed to exercise reasonable skill and care when operating on her niece when they owed a duty of care, which was breached, causing Masozi’s death.

She stated further that the defendant failed to take all reasonable steps to secure the life of Masozi in the theatre.

The plaintiff stated that by reason of the defendants’ dereliction of duty caused by negligence, she had suffered personal injury, consequential loss, expense, loss of life and severe shock at the death of Masozi.

The plaintiff estimated the particulars of damages as K1,650, 000 for loss of life expectancy, K750,000 for loss of dependency, K600,000 for loss of amenities of life, K60,000 for funeral expenses and food while damages for hardships, mental stress and anguish to the family is K1,350,000.

Further, the plaintiff demands K800,000 as consortium for a deceased’s spouse, K60,000 for punitive damages while loss of future earnings ability was estimated at K1,200,000.

The plaintiff is claiming damages, any other relief the court might deem fit and costs, among other reliefs sought.