Cop sues for $1m over disposed cyst

By Mashudu Netsianda

A police detective is suing the Gwanda Provincial Hospital for nearly $1 million after a nurse at the health facility disposed of an ovarian cyst removed from her body without sending it for laboratory tests.

Detective Constable Siguqukile Nyathi is accusing the hospital, including the doctor who conducted the operation and the nurse who threw away the ovarian cyst, of failing to render proper medical treatment as well as exercising the required degree of skill and care as expected.

She had been admitted to Gwanda Provincial Hospital to undergo an abdominal myomectomy (a major surgical procedure, which involves making an incision through the skin on the lower abdomen and removing the fibroids from the wall of the uterus).

Nyathi said during the surgical procedure, the doctor, identified only as Dr Rambanapasi in court papers, advised her that she had an ovarian cyst which had to be removed for tests to be conducted in order to establish her medical condition.

However, a nurse, identified only as Sister Mathiya in court papers, threw the ovarian cyst away soon after its removal.

Nyathi, through her lawyer Mr Norman Mugiya of Mugiya and Muvhami Law Chambers, filed summons at the Bulawayo High Court, citing Gwanda Provincial Hospital, Dr Rambanapasi and Sr Mathiya as defendants. She is seeking an order directing the defendants to compensate her $950 000 in damages for “contumelia” arising from their professional negligence.

“On the evening of February 28, 2019, I was admitted to Gwanda Provincial Hospital for myomectomy operation. During the surgical procedure, the first defendant (Dr Rambanapasi) advised me that there was an ovarian cyst which he sought to remove for tests to be conducted in order to get a proper diagnosis of my medical problem,” said Nyathi.

“The ovarian cyst was removed during the operation and the second defendant (Sr Mathiya) was instructed to take it to the laboratory for tests to be conducted. However, Sr Mathiya threw the cyst away.”

Nyathi said nurses and doctors who attended to her wrongfully and negligently failed to ensure that the ovarian cyst was stored in a safe place before safe delivery to a laboratory for tests. She said she has been experiencing pain, suffering and discomfort as her condition cannot be diagnosed or treated.

Nyathi said the results from the cyst would have assisted doctors in diagnosing her chronic discharge. She also claimed to be experiencing psychological trauma and wants the defendants to be ordered to pay damages.

“In the premises, the third defendant (Gwanda Provincial Hospital) is vicariously liable for payment of damages because at all material times, there was an ostensible employer-employee relationship or alternatively principal agent relationship between the hospital, Dr Rambanapasi and Sr Mathiya,” said Nyathi.

She said despite the demand, the defendants have refused, failed and neglected to pay the money.

“Wherefore, plaintiff prays for the payment of $950 000 by the defendants jointly or severally one paying the other to be absolved to the plaintiff being damages for contumelia arising from the defendants’ professional negligence,” said Nyathi.

She also wants the defendants to pay with an interest of five percent calculated from the date of summons to the date of full payment, including legal costs. The defendants are yet to respond. The Chronicle