Bauchi High Court Orders ATBUTH to Pay N10.2 Million Compensation Over Patient’s Death

By Abdulqadir Muhammad Alhaji

The Bauchi State High Court has ordered the Abubakar Tafawa Balewa University Teaching Hospital (ATBUTH) to pay N10.2 million in compensation to Adamu Yusuf Misau over the death of his wife, the late Zaliha Yahaya Muhammad, which the court found resulted from medical negligence.

According to the case presented before the court, Zaliha, who was pregnant at the time, died in August 2020 after developing complications during treatment. She was initially taken to a primary healthcare centre in Bauchi before being referred to ATBUTH for further medical care.

Counsel to the plaintiff, Auwal Ibrahim, told the court that the deceased underwent surgery at the hospital. He alleged that a health worker later informed the family that the surgical incision had not been stitched after the operation and subsequently referred her to another hospital, claiming that the facility’s equipment had developed faults. The handwritten referral note was tendered before the court as evidence.

The plaintiff’s counsel also alleged that the deceased was left unattended for several hours without proper medical care.

However, counsel to ATBUTH, D. E. Kaswe, argued that the delay in the payment for medication contributed to her death. The court dismissed the claim after the plaintiff presented evidence showing that a payment of N14,000 had been made.

Delivering judgment, Justice Kunaza N. Hamidu held that ATBUTH was liable for the death of the plaintiff’s wife due to the negligence of its medical personnel and inadequate professional care.

The judge stated that although the deceased was admitted to the hospital in a critical condition, the negligence of the hospital significantly contributed to her death. The court awarded N10 million in damages to the plaintiff and an additional N200,000 as the cost of the suit.

Reacting to the judgment, Adamu Yusuf Misau expressed satisfaction with the court’s decision, saying it had eased the pain of losing his wife and their unborn child six years ago. He also stated that he was prepared to defend the judgment should ATBUTH appeal the ruling at the Court of Appeal.