Defamation Suit Against Africmed Director Returns to High Court as Medical Negligence Allegations Emerge

A defamation lawsuit brought by former Africmed International Hospital employee Amadou Kabba against the hospital’s Director, Dr. Omar Jagne, has returned to the High Court after efforts to resolve the dispute through Alternative Dispute Resolution (ADR) failed to produce a settlement.

The case, now before Justice Udoma, stems from allegations that Dr. Jagne falsely accused Mr. Kabba of theft, leading to his arrest and reputational harm. However, court filings reveal that the dispute is closely linked to earlier allegations concerning the treatment of Mr. Kabba’s daughter at Africmed International Hospital.

According to the plaintiff’s Statement of Claim, the events that ultimately culminated in the lawsuit began when Mr. Kabba’s daughter, Sira Kabba, was admitted to Africmed at the age of two after sustaining a burn injury to her palm.

Mr. Kabba alleges that during treatment at the hospital, his daughter’s palm was cut with scissors, resulting in damage that left her unable to move her fingers. He further claims that throughout her admission she was denied access to physiotherapy services and that, three weeks after treatment commenced, her fingers remained immobile.

The plaintiff contends that the permanent injury to his daughter’s hand was caused by negligence on the part of the hospital and its staff.

According to the claim, a doctor at Africmed, identified as Dr. Yusuf, subsequently advised the family to seek specialist treatment abroad. Mr. Kabba’s wife, Hawa A. Cham, initially took the child to Dakar, where medical specialists reportedly informed the family that the injury was too complex to treat. The family later travelled to Turkey, where Sira underwent three separate surgical procedures.

Court documents state that following the treatment abroad, Mr. Kabba approached Dr. Jagne seeking assistance with the costs of his daughter’s final medical procedure in Turkey. The plaintiff alleges that Dr. Jagne met with him and his wife, requested copies of the Turkish medical bills, and promised to support the child’s education.

However, according to the claim, after reviewing the medical expenses, Dr. Jagne indicated that the amount was too high, and no further assistance was provided.

The dispute allegedly escalated on October 13, 2023, when Dr. Jagne contacted Mr. Kabba by telephone and text message regarding a hospital file that had reportedly gone missing. Mr. Kabba claims that Dr. Jagne accused him of stealing the file.

The plaintiff further alleges that, earlier that week, Dr. Jagne had requested his assistance in moving a medical machine from his office, a task he says he performed out of respect for his employer.

Later that same day, police officers arrived at Africmed and arrested Mr. Kabba following the complaint. According to the claim, officers subsequently searched his residence in the company of Dr. Jagne.

During the search, Mr. Kabba alleges that Dr. Jagne retrieved a file from the house that was later identified as Sira’s medical records from Turkey rather than the hospital file he had been accused of stealing. The plaintiff claims that police instructed Dr. Jagne to return the document after objections were raised.

Mr. Kabba was later taken to Brusubi Police Station, where he provided a statement before being released. He maintains that police found no evidence linking him to the alleged theft.

Despite this, the plaintiff contends that the incident caused significant reputational damage. According to his claim, colleagues repeatedly questioned him about the alleged theft and the circumstances surrounding his arrest, while neighbours sought explanations for the police search of his home.

Mr. Kabba states that the persistent scrutiny became unbearable and ultimately contributed to his decision to resign from Africmed on November 1, 2023, ending nearly 13 years of employment with the institution.

Represented by lawyer Adama Sillah of Mari Bantang Chambers, Mr. Kabba is seeking damages totaling D1.65 million. The claim includes D1.5 million for alleged defamation and D150,000 in legal and court costs.

The matter was initially referred to ADR, a process designed to facilitate an amicable settlement outside the courtroom. However, after negotiations failed to yield an agreement, the case was returned to the High Court for trial.

The proceedings are expected to examine both the defamation allegations against Dr. Jagne and the broader circumstances surrounding the medical treatment of the plaintiff’s daughter.

Dr. Jagne has not publicly responded to the allegations contained in the lawsuit. The claims remain allegations before the court and have not been proven. The High Court will ultimately determine the merits of the case after hearing evidence from both parties.