Six years After Wife’s Death, Bauchi Man Wins N10.2m Negligence Suit Against ATBUTH

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Six years after losing his pregnant wife and unborn child, a Bauchi State High Court has awarded N10.2 million in damages in favour of Adamu Misau after finding the Abubakar Tafawa Balewa University Teaching Hospital (ATBUTH) liable for medical negligence.

Justice Kunaza Hamidu, in a judgment delivered on Monday, held that the hospital’s negligence materially contributed to the death of Zaliha Muhammad, who died in August 2020 after undergoing surgery at the facility.

Court Finds Hospital Negligent

According to the claimant, Zaliha was first taken to a primary healthcare centre in Bauchi before she was referred to ATBUTH for specialised treatment because of complications arising from her pregnancy.

Counsel to the plaintiff, Auwal Ibrahim, told the court that after performing surgery on the deceased, hospital personnel later informed the family that the attending medical team had failed to properly suture the surgical wound before referring her to another hospital because of faulty equipment.

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The claimant also tendered a handwritten referral note and alleged that the deceased was left unattended for several hours despite being in critical condition.

Court Rejects Hospital’s Defence

ATBUTH’s counsel, David Kaswe, argued that delays in paying for treatment contributed to the patient’s death.

However, the court rejected the defence after the claimant produced evidence showing that N14,000 had been paid in cash for her treatment.

Justice Hamidu held that although the deceased was already in a critical condition when she was admitted, the hospital’s medical and professional negligence significantly contributed to her death.

The court awarded N10 million in general damages and N200,000 as the cost of the suit.

‘The Judgment Brings Comfort’

Reacting to the verdict, Misau, a staff member of the Bauchi Radio Corporation (BRC), said the judgment had brought him some measure of comfort after six years of grief over the loss of his wife and unborn child.

He disclosed that he had initially filed the case at the Federal High Court in Bauchi, but the court declined jurisdiction before the matter was eventually determined by the Bauchi State High Court.

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Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.

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