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A Lusaka private hospital and one of its gynecologists are facing a K3.5 million lawsuit after a woman alleged she was sexually assaulted during a medical procedure.
In a statement of claim filed before the High Court, the woman identified as “AB” and her husband “CD” accused Pearl of Health Hospital and gynecologist Dr. Reward Sibanda of misconduct, emotional trauma, negligence, and breach of professional duty.
According to court documents, AB first attended the hospital in 2022 for antenatal services and remained under its care until after the birth of her child.
In August 2024, she returned seeking advice on family planning and was referred to Dr. Sibanda for specialist consultation regarding the insertion of an intrauterine device (IUD).
AB alleged that during the consultation, the doctor commented on how “beautiful” she looked after giving birth, which she initially understood as professional encouragement.
The procedure was later scheduled for a separate appointment after the IUD was procured. AB claimed that during the procedure, after she had been covered with a medical drape for privacy, the doctor allegedly removed it and made unwelcome sexual advances.
“The first plaintiff shall aver at trial that the second defendant wilfully removed the drape and proceeded to make unwelcome sexual advances towards the first plaintiff, which she firmly resisted,” the statement of claim reads.
AB said she demanded the presence of another medical staff member during the procedure, but the request was allegedly denied.
“The request which the second defendant denied and assured the first plaintiff that nothing will happen as the same was just bluff and proceeded with the procedure while making inappropriate fingering and comments, resulting in tonic immobility on the part of the first plaintiff,” the claim states.
The lawsuit also alleges that the doctor attempted to reassure her by stating he had undergone a vasectomy in case her refusal was motivated by fear of pregnancy.
AB later experienced complications including excessive bleeding and sought medical attention at Wellspring Specialist Hospital and Levy Mwanawasa University Teaching Hospital. Doctors at both facilities allegedly advised her to return to Pearl of Health and consult Dr. Sibanda.
The plaintiffs further allege that when AB returned and requested a chaperone, none was provided. Upon seeing her again, the doctor allegedly told her “that her life and that of the second defendant were destined to be as one hence her attempts to seek medical redress elsewhere were unsuccessful.”
AB was later diagnosed with severe pelvic inflammatory disease (PID) without laboratory tests, which the doctor allegedly attributed to infidelity by her husband. The plaintiffs claim the diagnosis caused emotional distress and strained their marriage.
The couple also allege that the circumstances led to an emotional relationship between AB and the doctor. Church members later became involved to salvage the marriage, and the matter was discussed at meetings held at the Young Women’s Christian Association.
The plaintiffs contend that the hospital and doctor owed them a duty of care to render medical services in accordance with accepted professional standards, and that their dignity and privacy were violated.
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