By Daniel Zimba:
At around 11am on Thursday April 24, 2025, Senior Resident Magistrate Assunta Maxwell of Midima Court in Blantyre announced that she would deliver a verdict in a highly anticipated case.
A family from Mulanje District sued the government through the Ministry of Health over alleged medical negligence, which they believe led to the death of their loved one, Florence Chimenya, in 2024.
The family, led by Christina Dymon, is pursuing the case through lawyers Ireen Mathanga and Mtendere Njewa of Nyale Institute for Sexual and Reproductive Health Governance.
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According to Njewa, the tragedy began in 2023, when Florence, who was pregnant at the time, went to Limbe Health Centre in Blantyre to deliver on December 25, 2023.
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Medical personnel at the health centre reportedly advised her that her condition required a caesarean section.
Two days later, she was referred to Queen Elizabeth Central Hospital (QECH), as Limbe Health Centre did not have an operating theatre.
A medical report seen by The Daily Times supported Njewa’s account.
On December 28, 2023, Chimenya successfully delivered her baby via caesarean section at QECH, Malawi’s main referral hospital.
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Initially, her recovery appeared to progress well and she was discharged by early January 2024.
However, within weeks she began experiencing severe abdominal pain and vomiting, prompting her to return to the hospital for further medical attention.
Upon her return, doctors performed another surgery in an attempt to address the complications that had arisen.
It was during this operation that a shocking discovery was made: surgical cotton had been inadvertently left inside her abdomen during the initial procedure.
This oversight marked the beginning of a grim decline in Chimenya’s health.
Further complications ensued, necessitating an additional surgery that led to a full hysterectomy.
Despite these interventions, her condition worsened.
Medical staff reportedly ceased to attend to her adequately, directing her to purchase her own medication and to seek outpatient care independently.
On March 28, 2024, Chimenya was ultimately discharged from the hospital in a fragile state, only to lose her life before arriving home that same day.
Her family, devastated and seeking justice, initiated legal proceedings against the Ministry of Health for alleged medical negligence.
According to Njewa, the circumstances of Florence’s death raise critical questions about the treatment of women in Malawi, particularly regarding their right to safe maternal healthcare.
The Constitution enshrines the right to life — a right the family argues was grievously violated due to systemic failings within the healthcare system.
“We at Nyale Institute became involved in this case because we value reproductive human rights and this case aligns with our mission. We believe every woman deserves dignified care during one of the most vulnerable times in her life,” Njewa concluded.
When announcing the 28-day period before the final verdict on the matter, Senior Resident Magistrate Assunta Maxwell ordered both parties to file their submissions within 14 days after which the court would take a further 14 days to assess and prepare its verdict.
The court proceeded to hear the case on April 24, 2025 despite the absence of State representatives.
Mathanga described the State’s failure to prepare for the case and attend the recent hearing as a sign of its lack of seriousness regarding the matter.
On that day, the court heard from one witness for the plaintiff, Modester Chimenya, who had served as a hospital guardian for the late Florence throughout her illness.
Modester presented her testimony, including medical reports for her late relative, and confirmed under oath that the witnesses present were genuine.
According to the World Health Organisation, Malawi remains one of the developing countries with alarmingly high maternal mortality rates.
As of 2021, the maternal mortality ratio was reported at approximately 439 deaths per 100,000 live births.
Malawi is a signatory to several international agreements that provide frameworks for improving reproductive health for women and girls and for reducing maternal mortality.
For example, Goal 3 of the Sustainable Development Goals aims to ensure healthy lives and promote well-being for all at all ages, specifically through Target 3.1, which focuses on reducing maternal mortality.
Other relevant treaties include the Global Strategy for Women’s, Children’s and Adolescents’ Health (2016–2030) and the Convention on the Elimination of All Forms of Discrimination Against Women, adopted in 1979.
