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The family of a Lusaka woman who died while giving birth at Chilenje Level One Hospital has sued the Attorney General in the High Court, seeking K20 million in compensation over what it described as fatal medical negligence that also claimed the life of her unborn child.
The action has been commenced by Abel Siame in his capacity as administrator of the estate of the late Bertha Mwishampili.
Siame contended that negligence by medical personnel at Chilenje Level One Hospital directly led to the deaths of both mother and child.
According to the statement of claim, Mwishampili began experiencing labour pains on February 1, 2026, and informed her family that she required urgent medical attention.
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She was taken to Chilenje Level One Hospital, where medical personnel examined her, confirmed she was in labour and admitted her for treatment.
The family, however, alleged that after her admission, her condition steadily deteriorated while hospital staff failed to respond appropriately despite visible signs that she was in distress.
Court documents state that at about 21:00 hours, relatives were informed that Mwishampili had died.
The family further alleged that when they were later allowed to view her body, she was still carrying her unborn baby, with blood-soaked cotton placed in her nose and vomit beside her.
They claim no effort had been made to remove the baby, who also died.
According to the statement of claim, hospital staff later told the family, “We don’t know what happened,” a response the plaintiff argued demonstrates a serious lack of accountability.
The plaintiff further alleged that the family’s ordeal continued the following day when they found the deceased’s body in a poorly maintained and inadequately ventilated mortuary.
The claim also cites delays in transporting the body to the University Teaching Hospital for a post-mortem examination as further evidence of systemic failures at the public health facility.
Siame argued that the deaths had caused the family profound emotional trauma, financial hardship and the loss of the support they had expected from the deceased.
He further contended that the alleged negligence had undermined the family’s confidence in the public healthcare system.
The family is seeking K20 million in damages for the alleged wrongful deaths of Mwishampili and her unborn child, loss of dependency and medical negligence.
They are also claiming K300,000 in legal costs and fees, damages for mental anguish and emotional distress, exemplary damages, interest on any sums awarded and any other relief the court may deem fit.
The Attorney General has not yet filed a defence.
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