Woman sues TMJ, Hindu Mandal hospitals over negligence, demands Sh553 million compensation

Dar es Salaam. Florence Samwel, a resident of Dar es Salaam has filed a lawsuit before the Kisutu Resident Magistrate's Court demanding Sh500 million from the TMJ and Hindu Mandal Hospitals and a doctor for alleged negligence while administering treatment on her

She is also demanding Sh53 million for various expenses, including medical and transportation.

In a suit before the High Court in Dar es Salaam, Ms Samwel who is an employee at the ministry of agriculture, claimed that the two hospitals were negligent when she went to seek medical care.

Giving her testimony  in the case being heard by the Senior Resident Magistrate, Ramadhan Rugemalira, Ms Samwel claimed that on June 27, 2018 she went to Muhimbili National Hospital (MNH) and underwent a throat examination and was told to see Dr Moirice Mavura.

Led by her lawyer Norbert Mlwale, the plaintiff states that she met Dr. Mavura who directed her to go to Hindu Mandal Hospital because it has modern equipment for surgery.

The plaintiff told the court that on July 9, 2018, Dr. Mavura conducted a throat surgery and took some samples of the left thyroid gland which were sent to the TMJ hospital for further examination.

She claimed that after the examination of the sample, the TMJ hospital released reports that showed she had papillary thyroid carcinoma and it was handed over to Dr. Mavura.

After receiving the report, Dr. Mavura performed a second surgery on her and removed the gland infected with the disease.
 
She states that after the surgery, samples of the glands with the disease were sent to the TMJ Hospital for another examination where the report showed that the glands are fine and are not affected with any disease.
When she was given the results, the plaintiff went to the Hindu Mandal Hospital and upon his arrival was told to see a doctor identified as Mavunda who told him that she had been diagnosed with Thyroid cancer and should go to the Ocean Road Cancer Institute to start radiation treatment.

She says that upon his arrival at the Ocean Road Hospital, she requested to be tested again but they denied her request and told her that they rely on the patient's report from the previous hospital she went to.

"I was given a letter from Hindu Mandal hospital to take to Ocean Road Hospital to start radiation treatment, when I followed up I did not succeed while my health continued to deteriorate and my skin shriveled like an old man and I started to lose hair, “ she claimed.

She claimed that after missing the radiation treatment at Ocean Road Hospital, she decided to borrow money from the bank and sold her plot while her relatives also donated money so that she could go to the Apollo hospital in India for further examination.

After getting the money, she went to the Hindu Mandal hospital so that she could be given a letter and sample of the gland they took so that can go with them to India.

"I was given the samples that I took with me to the Apollo Hospital in India, they were examined and it showed that I was not diagnosed with Thyroid cancer," claimed Florence.
 
She says the doctors at Apollo Hospital found out that the left Thyroid gland that generates hormones has been removed during surgery at Hindu Mandal Hospital, which has caused her skin to shrivel and hair loss.
"I knew that I had undergone goiter surgery and I was never told by the Hindu Mandal hospital that they had removed my thyroid, I came to learn about this after being told by doctors at Apollo Hospital in India that I was having a hormonal problem and not cancer,” she said.

She claimed that the Apollo hospital gave her drugs that were meant to add hormones that she was told to use throughout her life, she should not quit and if he does not follow the conditions, her skin will shrink and her hair will fall.

After the explanation, Judge Rugemarila adjourned the matter until September 13, 2022 to progress with hearing the plaintiff's evidence.