Teacher Wins Sh5.1 Million Compensation After Surgeons Leave Forceps in Abdomen

A Nairobi court has ordered Nairobi Women’s Hospital to pay Sh5,131,000 in damages to teacher Newton Norbert Gogo after surgeons left a surgical instrument inside his abdomen during an operation in 2016.

Mr Gogo’s case was determined by Magistrate Ruguru Ngotho at the Milimani Commercial Magistrates Court, which found the hospital liable for professional negligence. The incident occurred on 12 November 2016, when Mr Gogo, then a 20-year-old student at Alliance High School, was admitted to the hospital with an abdominal injury caused by a fall onto broken glass. 

He underwent emergency surgery and was discharged four days later.

In the months that followed, Mr Gogo experienced persistent abdominal pain, which continued for several years despite numerous medical consultations. Subsequent scans revealed a pair of artery forceps lodged in his abdomen, the same type of instrument used to clamp blood vessels during surgery. The discovery explained years of severe discomfort and health complications.

Medical records and radiographic evidence from Kisumu County Hospital and other facilities confirmed the presence of the instrument. Although the hospital challenged the authenticity of the X-rays, arguing that they were incomplete and unmarked, the court accepted them as credible, citing confirmation from multiple independent medical centres.

At the hospital’s request, Mr Gogo was later examined at Kenyatta National Hospital before undergoing corrective surgery at Kisumu County Hospital. The operation successfully removed the forceps but left a large midline scar. Mr Gogo described the scar as a permanent disfigurement and a constant reminder of the ordeal.

The prolonged pain and recovery disrupted his education, delayed his graduation, and affected his career. He sought compensation for medical costs as well as the emotional and professional impact of the hospital’s error. The court awarded Sh4 million in general damages, Sh1 million in aggravated damages, and Sh131,000 in special damages, with interest accruing from October 2025 until payment is completed.

In her ruling, Magistrate Ngotho stated that Nairobi Women’s Hospital failed in its duty of care and did not meet the expected standard of medical practice. “There was a clear breach of duty of care by the defendant, Nairobi Women’s Hospital, constituting professional negligence,” she said.

Now 29, Mr Gogo teaches mathematics and pre-technical studies at Kochieng Comprehensive School in Kisumu County. He continues to experience complications, including difficulty with long travel, dietary restrictions, and digestive issues. He has also expressed concern that further surgery may be necessary in the future.