Lilongwe District Registry- Civil Division - 2023 June

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1 judgment


June 2023
Chipantha & Msika v Attorney General (Ministry of Health) (Civil Cause 144 of 2021) [2023] MWHCCiv 16 (28 June 2023) Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence. Medical negligence — retained surgical pack after caesarean — prolonged infection and multiple surgeries — assessment of quantum for pain and suffering, loss of amenities and disfigurement — inability to prove infertility without medical evidence — ex parte assessment after strike‑out of defence — reliance on comparable precedents and consideration of currency devaluation.	28 June 2023

June 2023

Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence.

Medical negligence — retained surgical pack after caesarean — prolonged infection and multiple surgeries — assessment of quantum for pain and suffering, loss of amenities and disfigurement — inability to prove infertility without medical evidence — ex parte assessment after strike‑out of defence — reliance on comparable precedents and consideration of currency devaluation.

28 June 2023

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