Man sues Mater Dei Hospital after a botched surgery

A Bulawayo man who was allegedly left partially disabled and forced into early retirement after an operation at Mater Dei Hospital last year, has dragged the health institution to court.

Mr Nelson Mutobaya (61), a former sales manager at Missing Link, is accusing the Catholic-run health institution of malpractice and is demanding to be paid  $180 000 compensation.

Mr Mutobaya said a doctor operated on his leg, inserted a steel plate and then put a plaster and he is of the view that the work was not done properly hence his partial disability.

The matter was brought to the Bulawayo Magistrates' Courts housed at Tredgold Building on Tuesday but was not set down for hearing.

Area Public Prosecutor, Mr Simon Nleya said there were some issues that needed to be investigated before a trial date could be set.

Mr Mutobaya and the Mater Dei Hospital  administrator, Mrs Maureen Jamieson were heard exchanging harsh words in front of Mr Nleya's office, as they waited to be attended to.

Mr Mutobaya said he suffered a dislocation of the right foot at work on 18 November 2010 and sought treatment at Mater Dei Hospital.

He now walks with the aid of crutches and has a swollen ankle.

Mr Mutobaya alleged that after the treatment at the hospital, he had to undergo another emergency operation that cost him about $6 000. He said the hospital was refusing to refund $1 183 that it wrongly deducted from his medical aid.

The case was last year taken to the Zimbabwe Medical Association (Zima) and Medical and Dental Practitioners Council of Zimbabwe complaints committee.

The committee ruled in Mr Mutobaya's favour but the hospital allegedly refused to accept responsibility for his disability or to refund him.

According to the Zima report, the doctor who operated Mr Mubaya snubbed the hearing.

Mr Mutobaya's breakdown for the demand is $100 000 for the pain and injury caused by the hospital's negligence, $32 500 being the salary he had lost because he was forced to retire five years earlier, $6 500 for bonuses and salary increments, he expected to get during the five years, $15 444 being compensation for the company vehicle benefits he lost at retirement, $4 800 payment to his wife for playing the role of his personal nurse, $640 that he used for transport when seeking treatment, $1 260 being money he had used to transport his daughter to school and $15 000 that he spent on treatment last year.

Comments