Court awards N10.2m against ATBUTH over pregnant woman’s death

The Bauchi State High Court has awarded N10.2 million in damages against the Abubakar Tafawa Balewa University Teaching Hospital (ATBUTH), Bauchi, over the death of a pregnant woman, Zaliha Yahaya Muhammad, following what the court found to be medical negligence.

Justice Kunaza N. Hamidu of High Court No. 2 delivered the judgment on Monday in favour of the claimant, Adamu Yusuf Misau, the deceased’s husband, who instituted the suit after his wife died in August 2020.

According to the claimant, Zaliha was initially taken to a primary healthcare centre in Bauchi metropolis before being referred to ATBUTH for specialised treatment due to pregnancy-related complications.

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Counsel for the claimant, Auwal Ibrahim, told the court that doctors at the hospital carried out surgery on the deceased but later informed the family that the surgical wound had not been stitched before referring her to another hospital, allegedly because medical equipment at ATBUTH had developed faults.

As part of the evidence, the claimant presented a handwritten referral note and argued that the deceased was left unattended for several hours despite her critical condition.

The defence, represented by D.E. Kaswe, contended that delays in payment contributed to the patient’s death. However, the court rejected the argument after evidence showed that the claimant had paid N14,000 in cash.

In his judgment, Justice Hamidu held that the hospital was responsible for the wrongful death of the deceased as a result of medical and professional negligence during the course of her treatment.

The court awarded N10 million in general damages, noting that although the deceased was already in a critical condition when she arrived at the hospital, the negligence of the medical personnel significantly contributed to her death.

The judge also awarded N200,000 as the cost of the suit, bringing the total compensation to N10.2 million.

Reacting to the verdict, Adamu welcomed the judgment, describing it as a source of relief after losing both his wife and their unborn child six years ago.

The Bauchi Radio Corporation employee explained that he initially filed the suit before the Federal High Court in Bauchi, but the matter was later transferred to the Bauchi State High Court after the Federal High Court ruled that it lacked jurisdiction.

He also said he was prepared to defend the judgment if ATBUTH decided to challenge the ruling at the appellate court.

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