Man Sues Marie Stopes Hospital After Botched Vasectomy
A man sued a hospital in a case heard by Justice Dorah Chepkwony, for failing to prevent his wife from getting pregnant.
Samuel Gatenjwa sued Marie Stopes Kenya after his wife got pregnant despite undergoing a vasectomy at the hospital.
He told the court that the doctor had assured him that there would be no risk and that the operation would provide a permanent family planning solution.
After his wife became expectant, Gatenjwa underwent tests which revealed that he was not sterile as he had been led to believe.
“I put my wife to great health risk, causing her to suffer due to the incompetent careless actions of the hospital,” stated Gatenjwa who is seeking damages from the health facility.
The couple had decided to seek a permanent family planning method after the wife complained of adverse side effects from previous contraceptive measures.
In response, the hospital and the doctor who is listed in the suit as a respondent argued that they did not make an express warranty to their patient that the procedure would be a success.
“We admit carrying out the procedure on the plaintiff as alleged but we did not inform the plaintiff that the operation was a success as he alleges,” read a communication from the hospital.
They maintained that the patient had voluntarily agreed to undertake the procedure and having executed a disclaimer, Gatenjwa could not make any claim against the hospital or doctor from the failed operation.
Vasectomy is a surgery that involves cutting or blocking off the sperm duct so that semen cannot leave the male during sex.
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