Top Lawyer Warns That Mpilo Hospital Faces Multiple Major Lawsuits Over Baby Swap Scandal

Top Lawyer Warns Mpilo Hospital Faces Legal Fallout Over Baby Mix-Up

A top lawyer has issued a stark warning to Mpilo Central Hospital, stating the institution faces multiple major lawsuits following the revelation that two babies were switched at birth eighteen years ago. Advocate Thabani Mpofu confirmed that the hospital’s negligence has created a complex legal battlefield with claims that could set new precedents in Zimbabwean law.

The legal storm follows DNA tests that confirmed two girls born on 13 May 2007 had been accidentally exchanged at the Queen Loziba Thebe Maternity Hospital. Mpilo Hospital reportedly admitted the swap resulted from staff shortages and system failures during the 2007 economic crisis.

Multiple Legal Actions Could Be Filed

Advocate Thabani Mpofu told ZimLive that the hospital faces litigation from multiple directions following the devastating mix-up.

“Never before have a single set of facts opened up so many viable causes of action,” Mpofu stated. “Both sets of parents can sue Mpilo Hospital for negligence that deprived them of ‘the comfort and integrity of family life.’”

The prominent lawyer detailed how each affected party has distinct legal grounds to pursue compensation from the healthcare institution.

“The children themselves can bring claims for the loss of familial security, for psychological injury and for the profound disruption to their personal development. If one of the children was raised in harmful or unsuitable conditions they can also claim damages for the injury caused by that exposure.”

Constitutional Rights Violations Alleged

Advocate Mpofu revealed that the potential lawsuits extend beyond traditional negligence claims to address fundamental rights violations. He explained how the accidental swap impacted the children’s basic human rights.

“Equally, there are likely claims flowing from being compelled to live under false identities and to adopt imposed cultural and linguistic practices. These claims touch on dignity, identity and constitutional rights.”

The legal expert suggested that while the case breaks new ground, the courts have adequate legal frameworks to address the situation.

“General delictual principles can be adapted to support novel causes of action, and constitutional remedies may supplement common-law claims. The law, after all, is a living instrument and must evolve to meet ever-changing social needs.”

Significant Compensation Claims Expected

Advocate Mpofu acknowledged that calculating appropriate damages represents a major challenge in the forthcoming legal proceedings. He explained the traditional approach of local courts to non-financial compensation.

“Roman-Dutch jurisprudence has traditionally been conservative when awarding non-pecuniary damages, and quantification in these circumstances will be difficult. That said, the law does not consign injured parties to mere conjecture. Courts have discretion to make principled, impression-based awards where necessary to vindicate rights and compensate real harm.”

The lawyer emphasised the need for a substantial judicial response to such significant institutional failure.

“I cannot overstate the havoc such negligence wreaks on young lives and on the family unit. A measured but forceful judicial response, one that recognises the scale of the wrong and sets a clear precedent, is essential.”

Mpilo Hospital chief medical officer Dr Narcisius Dzvanga has repeatedly avoided questions about the potential lawsuits. When pressed for comment, Dr Dzvanga said the hospital needed to “retrieve the records first.”

As the hospital prepares its defence, Advocate Mpofu’s warning makes clear that Mpilo Central Hospital faces one of the most significant medical negligence battles in Zimbabwe’s legal history.