The High Court in Suva has ruled against a Labasa couple in a protracted medical negligence case involving the Ministry of Health, hospital administrators, and the State. Justice Deepthi Amaratunga delivered the judgment on December 1, 2025, concluding that the plaintiffs failed to demonstrate any breach of duty of care.
Lila Wati, a 61-year-old vegetable farmer from Naduna, Labasa, underwent an arthroscopic knee procedure at Labasa Hospital in November 2015 after suffering a meniscal tear. Following the surgery, she experienced severe swelling, pain, and mobility loss in her left knee, which was later diagnosed as septic arthritis caused by the bacterium Pseudomonas aeruginosa. This serious condition eventually necessitated a total knee replacement overseas.
Wati and her husband, Dhruv Deo, claimed that the infection and the subsequent decline in her condition resulted from negligence at both Labasa and CWM Hospitals. Their allegations included failures in maintaining sterile surgical equipment, unnecessary surgical procedures, delayed diagnoses, inappropriate treatment, and insufficient post-operative care. Additionally, Deo sought damages for economic loss, stating that he had to stop working to provide full-time care for his wife.
The defendants, however, refuted these claims, asserting that the arthroscopy was medically justified and performed in accordance with accepted standards. They emphasized that infection is a recognized risk of surgery and argued that the particular strain of bacteria could originate from various sources, including a patient’s own flora or underlying health issues.
In her ruling, Justice Amaratunga concluded that the plaintiffs did not prove, on the balance of probabilities, that negligence was the cause of the infection. The court acknowledged expert testimony indicating that Pseudomonas aeruginosa can exist in a dormant state, and its detection post-surgery does not automatically signify fault. Furthermore, the judge pointed out that Wati had signed a consent form detailing the risks associated with the procedure.
The court determined that both hospitals adhered to the necessary standard of care, and as a result, the lawsuit was entirely dismissed without an order for costs. This ruling underscores the complexities involved in medical negligence cases, particularly in demonstrating a direct link between medical care and adverse health outcomes.
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