Justice Jude Okeke of FCT High Court in Maitama on Wednesday ordered Kings Care Hospital, Abuja, to pay N1 million as damages to a couple for negligence.
The claimants, Bamikole Owolabi and wife, Mercy, had told the court that two ultra-scan reports by the hospital showed that Mercy was pregnant with twin, but only delivered a baby.
Owolabi, therefore, asked the court to compel the private hospital to produce the second baby which the scan report showed.
The hospital, however, contended that the baby girl delivered by Mercy was one and weighed 3. 3kg.
The hospital contended that a pair of babies could not have such weight.
In his judgment, Okeke found the hospital liable for negligence and incompetence.
He held that the hospital should have conducted an independent test if it later discovered that the earlier scan was wrong.
He said: “Since they did not do that, the claimants still had in mind that they were going to have twins according to the scan of November 21, 2012 and March 13, 2013, but their hopes were dashed.”
Okeke said that the hospital was negligent and liable of breach of care by issuing the claimants with scan results which did not reflect the true status of the pregnancy.
He said: “The defendants’ conduct fall short of what a reasonable skillful medical doctor would do; they were incompetent in the assessment and diagnosis of the pregnancy.
“It is declared that the defendants were negligent in informing and issuing the claimants with the report that the second claimant was pregnant with twin babies when she was not.
“In the circumstance, the defendants are ordered to pay a sum of N1 million to the claimants being negligent in the scan reports issued to them and N50, 000 for emerging successful in the suit.”
The claimants, Bamikole Owolabi and wife, Mercy, had told the court that two ultra-scan reports by the hospital showed that Mercy was pregnant with twin, but only delivered a baby.
Owolabi, therefore, asked the court to compel the private hospital to produce the second baby which the scan report showed.
The hospital, however, contended that the baby girl delivered by Mercy was one and weighed 3. 3kg.
The hospital contended that a pair of babies could not have such weight.
In his judgment, Okeke found the hospital liable for negligence and incompetence.
He held that the hospital should have conducted an independent test if it later discovered that the earlier scan was wrong.
He said: “Since they did not do that, the claimants still had in mind that they were going to have twins according to the scan of November 21, 2012 and March 13, 2013, but their hopes were dashed.”
Okeke said that the hospital was negligent and liable of breach of care by issuing the claimants with scan results which did not reflect the true status of the pregnancy.
He said: “The defendants’ conduct fall short of what a reasonable skillful medical doctor would do; they were incompetent in the assessment and diagnosis of the pregnancy.
“It is declared that the defendants were negligent in informing and issuing the claimants with the report that the second claimant was pregnant with twin babies when she was not.
“In the circumstance, the defendants are ordered to pay a sum of N1 million to the claimants being negligent in the scan reports issued to them and N50, 000 for emerging successful in the suit.”