By Jones Gadama
A Mulanje-based family is seeking justice for the death of their loved one, Florence Chimenya, who allegedly died due to medical negligence at Queen Elizabeth Central Hospital (QECH) in Blantyre. Chimenya, who gave birth through a caesarean section on December 28, 2023, started experiencing acute abdominal pains and underwent a second surgery, which revealed that pieces of cotton had been left inside her belly during the first surgery.
According to court documents, Chimenya was discharged from QECH on March 28, 2024, in a critical condition and died on her way home.
The family has dragged the Ministry of Health to court, accusing it of negligence. Christina Dymon, on behalf of the beneficiaries of Chimenya’s estate, has sued the ministry, and the case is being heard at Midima Magistrate’s Court.
During the court proceedings, the family’s lawyer, Mtendere Njewa of The Nyale Institute for Sexual and Reproductive Health Governance, submitted a witness statement, while the Attorney General’s office, representing the Ministry of Health, failed to file a defense.
Despite this, the trial proceeded, and Senior Resident Magistrate Assunta Maxwell gave both parties 14 days to file their final submissions.
Njewa expressed confidence in the case, saying, “The court recognised that the Attorney General did not file any defence to the case, but trial proceeded.
We submitted our witness statement, and the court ordered that within 14 days both parties should submit their final submissions and 14 days after that, we will have the judgment.”
The family’s lawyers argue that QECH staff was negligent in their duty of care towards Chimenya, leading to her death.
They claim that the hospital’s failure to remove the cotton pieces during the first surgery resulted in complications that ultimately led to Chimenya’s demise.
The case highlights concerns about the quality of healthcare services in Malawi, particularly at QECH, which is the country’s main referral hospital.
Medical negligence cases can have devastating consequences for patients and their families, and it is essential to hold healthcare providers accountable for their actions.
The outcome of this case will have significant implications for healthcare services in Malawi.
If the court rules in favor of the family, it could lead to improved standards of care and increased accountability among healthcare providers.
The case also raises questions about the Ministry of Health’s oversight role in ensuring that healthcare services are delivered safely and effectively.
The ministry must take steps to address systemic issues that contribute to medical negligence and ensure that patients receive quality care.
The court’s judgment will be a significant step towards achieving justice for Chimenya’s family and potentially improving the healthcare system in Malawi. In the words of Njewa, “This case is not just about seeking compensation; it’s about holding the healthcare system accountable for its actions and ensuring that such incidents do not happen again in the future.”
As the court awaits final submissions, the family and the public are eagerly awaiting justice, hoping that the outcome will bring about positive change in the healthcare system and prevent similar incidents from occurring in the future.
