The High Court of Tanzania has dismissed a Sh1.57 billion compensation claim brought by a woman against Kairuki Hospital in Dar es Salaam. The woman had accused the hospital of negligence during surgery and alleged that she contracted HIV through a blood transfusion. In a judgment delivered on October 30, 2026, High Court Judge Arnold Kirekiano ruled that the claimant had failed to prove her allegations. The woman had been a long-term patient at Kairuki Hospital since 2007.
According to the court's records, the woman was diagnosed with recurring uterine fibroids in March 2022 and underwent a myomectomy surgery on April 21, 2022. However, the surgery was followed by complications that required additional surgical intervention and affected her intestines. The woman alleged that she suffered injuries to both her small and large intestines during surgery, resulting in part of her intestine being removed. She claimed that the hospital's negligence led to her condition worsening.
The woman further alleged that she contracted HIV after receiving contaminated blood at the hospital. She claimed that medical examinations at Apollo Hospital in India revealed that she had peritonitis and an intestinal fistula, and that blood tests confirmed she was HIV-positive. The woman accused Kairuki Hospital of serious medical negligence during the operation and in its overall management of her condition. She identified three areas of negligence, including failure to prevent intestinal injuries, inadequate post-operative care, and exposure to HIV infection through blood transfusion.
In its defence, Kairuki Hospital argued that all blood units used for transfusions, including the one administered to the claimant, were obtained from the government-approved Damu Salama blood service. The hospital maintained that it was not required to conduct additional blood screening to establish whether the units were free from infections before administering them to patients. The hospital also argued that all necessary precautions had been taken to prevent complications during the operation.
The hospital further argued that the complications that arose after surgery were among the foreseeable risks associated with the procedure, which the claimant had properly consented to before undergoing the operation. The hospital claimed that it had taken timely steps to address the complications, but the claimant declined the treatment offered and instead chose to seek a second medical opinion at Apollo Hospital in India.
In his judgment, Judge Kirekiano identified two key questions: whether the hospital owed the claimant a duty of care and whether it had breached that duty. The judge ruled that Kairuki Hospital had a duty of care towards the woman, but that she had failed to demonstrate that the treatment she received fell below the standard reasonably expected in the medical profession. The judge noted that the claimant had not presented an expert witness to demonstrate that the operation had been performed below the required medical standard.
The claimant had sought Sh1.578 billion in compensation for travel and medical expenses incurred outside her health insurance cover, as well as income lost because she was unable to work. She had also requested punitive damages and general damages for the pain and suffering she experienced. However, the judge's ruling dismissed all her claims, leaving her with no compensation.
Key points
- The High Court of Tanzania has dismissed a Sh1.57 billion compensation claim brought by a woman against Kairuki Hospital.
- The woman had alleged that she contracted HIV through a blood transfusion at the hospital.
- The judge ruled that the claimant had failed to prove her allegations of medical negligence.
