Sekai Manyere
WESTGATE Hospital 24 Hour Medical Centre is facing a US$15 000 lawsuit on allegations of medical negligence after a seven-week-old baby sustained burns during an inguinal hernia operation on 13 August 2026.
The child’s father, Rufaro Sandi, through his legal representative, Judith Taruvinga of Muchirewesi and Zvenyika, is seeking monetary compensation and a formal apology from the medical institution.
The applicant alleges that the child suffered burns during the surgical procedure, which was reportedly linked to the use of a diathermy machine in theatre.
However, the hospital is denying liability, arguing that the allegations of medical negligence have not been adequately substantiated and that the damage being claimed is unjustified.
Cephas Kwiriwiri representing the Hospital argued that the summons lacked sufficient clarity regarding the alleged professional negligence and the legal basis upon which the institution was being sued.
The hospital maintained that the applicant had not provided precise details demonstrating an alleged defect in the diathermy machine or establishing a causal link between the institution and the injuries sustained by the child.
In its defence, the medical institution said it had provided treatment following the incident, including prescribing the necessary cream and attending to the child’s burns.
The applicant told the court that the parents paid for medication on the first day, while subsequent wound dressings were provided free of charge between August 15 and 21, 2026, at 9am daily.
“We prescribed the necessary cream as well as attended to the dressing of the burns,” the hospital submitted.
The institution further argued that there was no justification for demanding a formal apology when it denied responsibility for the injuries.
“We respectfully submit that there was no need for our medical institution to issue a formal apology since it was not responsible for the burns,” the hospital said.
The hospital also disputed the applicant’s allegations concerning the circumstances surrounding the incident, arguing that there was insufficient evidence establishing that a malfunction of the equipment caused the burns.
It further indicated that the machine in question was disposable after use. The doctor reportedly suggested that the injuries could have resulted from an electrical shock, although the exact cause of the burns remains contested.
Meanwhile, the applicant maintains that the hospital should be held accountable for the injuries sustained by the minor child.
The applicant’s legal representative also stressed that the claim was directed against the hospital as an institution rather than individual members of the theatre staff.
The matter continues at Harare Civil Court today.
