Health Reporter
Dr. Noel Zulu, a surgeon and Masvingo Provincial Hospital Medical Superintendent, has been acquitted of culpable homicide charges after being accused of leaving a 30cm by 30cm abdominal swab inside a patient’s stomach during a surgical operation in 2015.
The patient, Gladys Sibanda, passed away on July 15 last year, and the swab was discovered during the post-mortem examination.
“The first thing is that there was no prima facie case of negligence by Dr. Zulu,” said Magistrate Mr. Bishard Chineka.
He agreed with the defense, led by Mr. Tymon Malaba, that Dr. Zulu couldn’t be put on his defense due to a break in the chain of what caused Sibanda’s death.
The court ruled that the responsibility of counting swabs lies with the swab sister, not the surgeon, during surgical procedures. Additionally, the State failed to conduct toxicology tests to identify the fluid found inside Sibanda’s abdomen during the post-mortem. The post-mortem evidence submitted by Dr. Godfrey Zimbwa showed that Sibanda died of liver cirrhosis, not due to the alleged negligence.
Dr. Zulu’s acquittal highlights the importance of thorough investigations and proper procedures in medical malpractice cases. It also raises questions about the criminalization of medical errors, with some arguing that recklessness or gross negligence should be the threshold for prosecution, not mere errors of judgment.
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