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The High Court of Tanzania found medical negligence after mistaken surgery on the wrong patient and awarded damages for lost income, domestic help, and pain and suffering.
The court found that the second defendant, Dr. Jacob Kamanda, was negligent in leaving a surgical swab in the first plaintiff's abdomen during a caesarean operation, which constituted a breach of the duty of care owed to the plaintiff. The first defendant, Urambo District Council, was held vicariously liable for the negligent acts of its employee. The negligence caused permanent disability to the first plaintiff and loss of consortium to the second plaintiff. Special damages were not awarded due to lack of proof, but general damages were granted for pain, suffering, and loss of consortium.
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