Court dismisses patient’s D5M suit against eye doctors


By Bruce Asemota

The High Court in Banjul has dismissed a civil suit filed by one Yaya Marong against Dr P.D.Wade, Dr Isatou Bah, Sheikh Zayed Regional Eye Care Centre and the Attorney General and Minister of Justice, seeking D5 million damages.

The plaintiff is claiming damages for personal injuries reportedly suffered as a result of failed eye operations in 2009 and thereafter by reason of the negligence of the defendants. 


Delivering judgment, Justice Ebrima Jaiteh disclosed that the plaintiff was a patient of Sheikh Zayed Regional Eye treatment centre under the Department of Health and Social Welfare in The Gambia who was affected in his right eye and the doctors, 2nd defendant in the course of her employment with the 3rd defendant conducted medical examination on the eye and diagnosed a matured form of cataract.

 As a result, the judge added, the 2nd defendant advised him to have operation to extract the said cataract.

Justice Jaiteh said the plaintiff testified that he was advised that if his right eye was not treated, he would eventually go blind, thus, the 2nd defendant performed the said surgical operation on his right eye.

The trial judge said after few months of the surgical operation, the plaintiff testified that his right eye showed no sign of recovery and after being thoroughly examined in both eyes, it was confirmed that he was totally blind in the right eye and was issued with a report showing the conditions of both eyes. 

The plaintiff stated that he believes that the blindness in his right eye was directly caused by the negligence of the 1st, 2nd and 3rd Defendants, hence resort to file suit against the defendants.

The trial Judge disclosed that the plaintiff failed to produce evidence to show that the 2nd and 3rd Defendants did not act in accordance with practice accepted for the extraction of cataract.  

He further said the plaintiff failed to provide any evidence in support of the particulars of negligence in the statement of claim.

Justice Jaiteh revealed that the Plaintiff is not entitled to any compensation on the grounds that he is unable to prove his case on a balance of probability that the Defendants breached their duty of care imposed on them.