Court Orders Teaching Hospital To Pay N10m For Medical Negligence

The Bauchi State High Court has ruled in favour of Adamu Yusuf Misau, a staff member of the Bauchi Radio Corporation (BRC), whose wife, the late Zaliha Yahaya Muhammad, died in August 2020 from alleged medical negligence at the Abubakar Tafawa Balewa University Teaching Hospital (ATBUTH), Bauchi.

Justice Kunaza N. Hamidu of High Court No. 2, in a judgment delivered on Monday, held the hospital liable for the death of the deceased and awarded the plaintiff N10 million in general damages, along with N200,000 as the cost of the suit.

According to the court, the deceased, who was pregnant at the time, was initially taken to a primary healthcare facility within the Bauchi metropolis before being referred to ATBUTH for specialised medical treatment.

The counsel to the plaintiff, Auwal Ibrahim, told the court that surgery was carried out on the deceased at the hospital.

He alleged that after the procedure, medical personnel informed the family that the surgical wound had not been sutured before referring her to another health facility, claiming that equipment at the hospital was faulty.

The claimant also presented a handwritten referral note as evidence and argued that the deceased was left unattended for several hours despite her critical condition.

In its defence, counsel to ATBUTH, D.E. Kaswe, argued that a delay in payment for medical services contributed to the patient’s death. However, the court rejected the argument after the plaintiff produced evidence showing that N14,000 had been paid in cash.

In the judgment, Justice Hamidu declared, “It is declared that the defendant is liable for the wrongful death of the plaintiff’s wife, late Zaliha Yahaya Muhammad, arising from medical and professional negligence in the course of her treatment.”

The judge noted that although the deceased was already in a critical medical condition when admitted, the hospital’s negligence materially contributed to the fatal outcome.

The court consequently awarded the plaintiff N10 million in general damages and assessed the cost of the action at N200,000 in his favour.

Reacting to the judgment, Adamu Yusuf Misau expressed gratitude, saying the verdict had given him a measure of relief after losing both his wife and their unborn child six years ago.

Misau, a staff member of the Bauchi Radio Corporation (BRC), explained that he initially filed the suit at the Federal High Court in Bauchi, but the court declined jurisdiction, prompting him to refile the case before the Bauchi State High Court.

He also said he was prepared to defend the judgment should ATBUTH decide to challenge the ruling at the Court of Appeal.