Gima Oresi v Chris Marjen and The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 05 November 1998
• Citation: (1998) N1784
• Court: National Court
• Year: 1998
• Judgement Number: N1784

National Court: Woods J

Judgment Delivered: 5 November 1998

N1784

[IN THE NATIONAL COURT OF JUSTICE]

WS 1218 OF 1996

GIMA ORESI - Plaintiff

V

CHRIS MARJEN - First Defendant

THE STATE - Second Defendant

Waigani: Woods J

5, 13 October 5 November 1998

Hospital – negligence of surgeon – foreign objects left after operation – damages – trauma, pain and suffering, cosmetic disfigurement – reduced likelihood of pregnancy.

R Uwari for the plaintiff

R Tuva for the defendants

5 November 1998

Woods J. This is a claim for damages for medical negligence against the Chief Executive Officer of the Port Moresby General Hospital and the State as the owner and operator of the Hospital following carelessness in an operation whereby two surgical instruments were left inside the plaintiff following the operation and the plaintiff incurred pain and suffering for some months and then had to undergo a further operation and claims she is now suffering permanent disability and is unable to have any further pregnancy.

The undisputed evidence is that in August 1995 the plaintiff was admitted to the Port Moresby General Hospital for abdominal pain and was diagnosed with acute appendicitis. She was then operated on by a team of hospital staff and during the operation it was discovered that the abdominal pain was not caused by appendicitis but by an ectopic pregnancy. This condition was alleviated and the operation was concluded. The plaintiff was discharged some 18 days later. However after being discharged the plaintiff suffered persistent pain in the abdomen in the area of the operation. She attended a suburban health centre but eventually the pains and discomfort became so severe that in April 1996 she was re-admitted to Hospital and entered the operating theatre where they re-opened her abdomen, the area of the previous operation, and discovered and removed two gauze swabs which had been left in at the previous operation in August.

The Plaintiff claims to still suffer recurrent pain and discomfort. Further she complains that since the operation she and her husband have...