CaseLaw
Ojo V. Gbaroro (1999) CLR 8 (a) (CA)
Brief
Facts
Appellant was a patient in the 2nd respondent's hospital and was operated upon by the respondent so as to remove a growth of fibroids. A broken needle was left in her abdomen following the operation.
Appellant sued the respondent claiming the sum of N2,000,000 as special and general damages for negligence. Appellant Stated that she was unable to live a normal life as a result of the medical negligence.
Respondent denied the appellant's claim and called witnesses who testified to the effect that the respondent were not negligent in performing the operation.
The trial court found that the respondent had rebutted the presumption of negligence raised in the appellant's evidence. It therefore dismissed the suit.
The appellant was aggrieved with the decision and appealed to Court of Appeal.