Payout for surgery gone wrong

The Fiji Court of Appeal has ordered the medical superintendent of the Labasa Hospital to pay a woman $52,300 for pain and suffering.

Kamrul Bi underwent surgery on August 19, 2015, at the Labasa Hospital where ureteral stents that were inserted had to be removed three months later.

She returned to the hospital to complain about blood in her urine and was told by a doctor the bleeding would stop once the wound healed.

Ms Bi was referred to the Colonial War Memorial Hospital eight months later and underwent laser treatment for the removal of kidney stones.

The Court of Appeal noted that during another surgery on March 29, 2017, doctors discovered the stones had attached to the ureteral stent and had to remove the stent and the stones.

“In my view, the evidence clearly established that not only was the respondent (Kamrul Bi) a victim of pain but she was undoubtedly a victim of an extended period of suffering,” said Justice Farzana Jameel.

“She went through the physical pain and trauma associated with not only one surgery but had to subsequently endure three sessions of painful and unsuccessful laser treatment, leading eventually to surgery.”

Justice Jameel ordered a $50,000 payout in general damages and $2300 in special damages.

The court also ordered that $6500 in court costs be paid to Ms Bi.

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