The trial judge found that Mr Wroe was entitled to damages for loss of earning capacity, as he could have worked up to the age of 64 years hence he could have worked for 5 more years since he was 59 years old at the time. Consequently, he was awarded Ksh. 21,600,000/= tabulated as follows Ksh. 300,000x12x5=21,600,000
By The Weekly Vision
The Kenya Medical Practitioners and Dentist Board Council have put AAR Health Services on the radar over numerous complaints touching on professional negligence. Whereas patients who approach AAR expect proper medical treatment, this is not always the case. It is worth noting that a doctor owes his/her patient professional medical care and any breach gives a cause for action for negligence against the doctor or a health facility.
It is against such negligence that Mr John Kenneth Wroe was recently awarded Ksh. 21M by a court of law as compensation against AAR Health Services over what the court termed as professional negligence. This follows a medical report by Col. Dr. Andari George, an orthopaedic surgeon on the two operations he performed on Mr John Kenneth Wroe.
There was also a report by Dr Andari on the patient’s chronicled account and images plus the radiologists’ report by Dr. L. Podgietor and Dr. Haagensen and Lurie. According to the reports, it was evident that the MRI done on Wroe was not the proper tool for investigation in the background of a huge metallic implant within the knee since the MRI magnet is more than 30,000 times the force of gravity.
He further revealed that there was an element of professional negligence in the management of the complications following the index knee arthroplasty that appears to have been successfully performed in India. Mr Wore claimed that he was made to undertake an MRI examination while having a huge metallic implant which caused him a lot of pain and discomfort necessitating a second surgery.
He went on to reveal how AAR demanded Ksh. 920,000 which was paid under duress as he was in a hospital in a foreign country. AAR Health Services had claimed that Mr Wroe had exhausted his medical insurance coverage of Silver but the court found out that Mr Wroe was covered under Gold membership which had a limit of Ksh. 10mand not Silver membership which had a limit of Ksh. 2m.
Mr Wroe was admitted at Apollo Hospital Hyderabad, India under the supervision, authorization and control of AAR and instructed on an orthopaedic surgeon at the hospital to attend to him. In other words, Mr Wroe is categorical that the AAR recommended medical facilities to which he would receive treatment. On coming back to Kenya from India he continued with follow-up and was attended to by the AAR doctors, nurses and health professionals at AAR clinic. The judge in his ruling noted that AAR was negligent when it made Mr Wroe undergo an M.R.I examination thus causing complications following a successful surgery in India.
The ruling reads in part “I am convinced that the defendant and or its agents are guilty of medical negligence in the management of the complications”. Before being messed up by AAR due to their negligence, Mr Wroe was running a successful firefighting company as the executive director engaged in fire surveys and consultancy earning a sum of Ksh. 300,000 per month and as a result of the negligence on the part of AAR, he could not continue working. The judge noted “I am convinced that the defendant is responsible for the loss visited upon the plaintiff by the defendant’s and or its agent’s negligence. The plaintiff is therefore entitled to damages for loss of earning capacity”. Set for determination during the case was whether the plaintiff is entitled to a refund of Kshs.920, 000/= being the sum paid by the Third Party towards the plaintiff’s treatment in South Africa.
The trial judge found that Mr Wroe was entitled to damages for loss of earning capacity, as he could have worked up to the age of 64 years hence he could have worked for 5 more years since he was 59 years old at the time. Consequently, he was awarded Ksh. 21,600,000/= tabulated as follows Ksh. 300,000x12x5=21,600,000. Mr Wroe demonstrated how he attended a hospital in South Africa and that in the middle of treatment, the defendant demanded payment of Ksh.3,295,900/= as the cost of treatment in South Africa. In the end, judgment was entered in favour of Mr Wroe against AAR.
