Woman Granted $900K Against Chiwenga In Case Of “Hospital Negligence-Induced” Miscarriage

The High Court has ordered Vice President Constantino Chiwenga to pay $900 000 in damages to a woman who suffered a miscarriage because of negligence by health officials at Sally Mugabe Central Hospital in 2020.

Valerie Chibaya, with assistance from the Women and Law in Southern Africa (WLSA), sued Chiwenga, who doubles as the Health and Child Care minister, NewsDay Zimbabwe reports.

Chibaya filed for:

i). damages for pain and suffering in the sum of $800 000,

ii). loss of amenities of life of $100 000,

iii). the indignity of $300 000 and

iv). $281 757.63 for violation of her constitutional rights.

High Court judge Justice Never Katiyo ruled in her favour after a full trial ordering Chiwenga ordered to settle the damages within 60 days.

Her claim for contumelia damages and violation of her constitutional rights was dismissed, with the court reasoning that there was no intention by the health officials to humiliate her.

What transpired:

Chibaya claimed in her court application that she went to the hospital on June 17, 2020, after experiencing unusual stomach pains when she was 23 weeks pregnant.

Doctors and nurses did not take her temperature, blood pressure, or sugar levels nor did they do a routine check-up on her, insisting that she got a scan before they could attend to her.

Chibaya was only attended to the following day after her husband begged for help.

In defence, the defendant sought to blame Chibaya for the miscarriage saying she delayed having an Ultrasound Scan.

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