Medical negligence costs gov’t P2.8m
Goitsemodimo Kaelo | Tuesday September 30, 2025 15:47
Case in point is recent litigation by a couple, Boiketlo and Joyce Dinkeme, who successfully sued the Ministry of Health for P2.8 million as compensation for medical negligence that left the wife (Joyce) disabled. The pair were awarded a lesser compensation after initially demanding a combined total of P3 750 000 plus interest at a rate of 10% per annum from the date of judgment.
Their lawsuit came after the Nyangangwe Referral Hospital (NRH) failed to administer medication to Joyce when she was admitted at the health facility with pregnancy complications in 2021.
The Francistown High Court recently issued a consent order, directing that Boiketlo be paid P500, 000 as total compensation for emotional shock and trauma (P300, 000) and loss of consortium (P200, 000).
Additionally, the court ordered a total payment of P2, 300, 000 in respect to Joyce.
The amount represents P600, 000 for emotional shock and trauma, P1 000 000 for permanent disability, P250, 000 for future medical expenses, P150, 000 for past medical expenses, P100, 000 for loss of amenities of life and P200, 000 for loss of consortium.
The Ministry of Health will also pay the costs of suit.
The order followed an incident in 2021, which left the wife unable to walk without aid, with limited use of hands and impaired mental capacity.
According to court papers seen by Mmegi, Joyce was admitted to NRH on February 14, 2021 on referral from Sekgoma Memorial Hospital (NRH).
It is said that medical assessment indicated that she had intrauterine foetal death and an operation for foetal extraction was planned for February 16.
Court papers showed that at the time of her admission to both SMH and NRH, Joyce could walk, talk and use her hands, with full mental capacity.
The medical doctors had planned perform the operation the following day but that was not done.
It is said that the plaintiff continued vomiting upon referral at NRH which resulted in serious complications associated with hyperemisis gravidarum (a severe form of persistent nausea and vomiting during pregnancy). The couple argues further that although Joyce continued to vomit, she was not given the medication that stops the vomiting, with reports that the hospital was out of medication stock.
'As the patient continued to vomit, no attempt was made remove the foetus,' read the papers.
The couple further argued that the hospital failed to disclose the fact that they did not have the important medications. This was at the time of COVID-19, where visitors were not allowed.
However, one of the patient's relatives who works at the hospital, checked on the patient and found that her situation had worsened without proper medication. She then called the patient's husband advising him to urgently procure neurobin (vitamins B1, B6, and B12).
However, it is said that the medication only lasted four administrations, clearly indicating that it was shared with other patients. It is said that once finished, the hospital did not inform Joyce's husband to bring more, leaving her situation to worsen.
The couple believes that the complications were clearly due to negligence, in that the hospital ought to have known that persistent vomiting by a pregnant woman was likely to result in serious complications.
Additionally, the duo is of the that the hospital or ministry was duty bound to provide the patient with treatment/medication to arrest the vomiting but failed to do so.
'The defendant also further failed to inform the patient or her immediate family members of any reason why they could not provide her with with the necessary medication despite their knowledge that they were out of stock for the medication,' read the court papers in part.