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Attorney-General contests K1.4 million damage claim in medical negligence case

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The Attorney-General has challenged a K1.4 million damages claim by Idah Lungu, who alleges negligence by Levy Mwanawasa University Teaching Hospital after a surgical bandage (gossypiboma) was left in her abdomen following a Caesarean section in January 2023.

Lungu sued the hospital, alleging professional negligence and claiming damages for the alleged oversight.

Read more: Levy Mwanawasa Teaching Hospital sued for allegedly leaving abdominal pack in patient’s body

The Attorney-General, Mulilo Kabesha, disputed the claim, arguing that the hospital adhered to standard protocols during the surgery.

In a submission to the Lusaka High Court, Kabesha stated that the hospital conducted swab counts on two separate occasions, which indicated no discrepancies.

He emphasized that the surgery was carried out without complications and Lungu was discharged on January 7, 2023.

Post-operative care provided did not reveal any issues related to the surgery and Lungu had no complaints during her outpatient review on January 12, 2023.

Kabesha further defended the hospital’s practices, noting that it boasts modern infrastructure and was staffed by a qualified, dedicated team certified by the Health Professions Council of Zambia.

Lungu’s lawsuit, filed in May 2024, seeks K1.4 million in damages for the alleged negligence.

She claimed that after delivering a healthy baby boy on January 3, 2023, she experienced severe pain six months later and was initially treated for gastritis and typhoid.

Her condition worsened, leading her to seek treatment at Maina Soko Military Hospital in December 2023, where a CT scan revealed the presence of a foreign object in her abdomen.

Surgery on December 3, 2023, confirmed the gossypiboma and was successfully removed it.

Lungu argues that the hospital failed to ensure that all surgical materials were removed, alleging a breach of Section 60 of the Health Professions Act of 2009, which requires medical professionals to maintain a high standard of care. She contends that the negligence nearly cost her life.

The Attorney-General’s response stressed that the hospital’s protocols and equipment were appropriate and properly managed, thus denying any claims of negligence.

Further legal proceedings are expected as the case develops.

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