Teacher wins Sh5.1 million for negligence after botched surgery

By Newsflash Reporter

A teacher has won Sh5.1 million in compensation after a Nairobi hospital was found liable for medical negligence that left a pair of surgical forceps inside his abdomen for nearly five years.

Newton Norbert Gogo, now a mathematics and pre-technical studies teacher at Kochieng Comprehensive School in Kisumu County, was only 20 years old when the incident occurred.

On November 12, 2016, while still a student at Alliance High School, he sustained an abdominal injury from broken glass and was rushed to Nairobi Women’s Hospital for emergency surgery. He was discharged four days later, seemingly on the path to recovery.

But soon after, Gogo began experiencing persistent and unexplained abdominal pain. Multiple medical consultations failed to identify the cause until later investigations revealed that surgeons had accidentally left a pair of artery forceps inside his body during the 2016 operation.

Artery forceps—used to clamp blood vessels during surgery—are designed to lock tightly, and in Gogo’s case, the retained instrument caused excruciating pain for almost five years. Evidence presented in court by retired radiographer Pascal Tanau Acholi from Kisumu County Hospital confirmed the presence of the metal object through two ultrasound scans and an X-ray.

Five years of pain and a fight for justice

Following the discovery, Nairobi Women’s Hospital requested a second evaluation at Kenyatta National Hospital. Gogo later underwent corrective surgery at Kisumu County Hospital, where the instrument was finally removed. The operation left him with a visible midline laparotomy scar that he described as an “unsightly disfigurement.”

“Ugly scars have remained permanently due to the corrective surgery to remove the artery forceps left inside me,” Gogo told the court.

He filed a lawsuit against Nairobi Women’s Hospital seeking general damages for pain and suffering, special damages for extra medical costs, and aggravated damages for emotional and educational disruption. His legal team argued that the hospital had breached its duty of care through incompetence and negligence, forcing him to endure prolonged pain and delayed academic progress.

The defence challenged the evidence, alleging that some of the X-rays lacked proper identification, but the court found sufficient proof linking the hospital to the negligence.

Court awards damages for negligence

Milimani Commercial Magistrate Ruguru Ngotho ruled that Nairobi Women’s Hospital failed to exercise the professional skill expected of medical practitioners, thereby breaching its duty of care. The court awarded Gogo a total of Sh5,131,000, comprising Sh4 million in general damages, Sh1 million in aggravated damages, and Sh131,000 in special damages. Interest and court costs will accrue from October 3, 2025, until the full payment is made.

While grateful for the verdict, Gogo expressed disappointment with the compensation, saying it did not reflect the full extent of his suffering.

“I still experience pain during long journeys and have dietary restrictions. Some foods, like green vegetables, cause excessive belching,” he explained, adding that future surgeries may still be necessary.

The ruling underscores the importance of medical accountability and patient safety in Kenya’s healthcare system, where incidents of negligence have increasingly come under public scrutiny. For Gogo, the court’s decision marks the end of a long legal and physical ordeal—but the scars, both physical and emotional, remain a lasting reminder of a life altered by a single surgical error.