The Pumwani Maternity Hospital has been ordered to pay Ksh 7.5 million in compensation for the negligent handling of an expectant woman, which led to the death of her baby and the unwarranted removal of her uterus.
Delivering the ruling on Wednesday, August 13, Justice Lawrence Mugambi said the court found that neglecting to provide emergency treatment for 11 hours to a patient who needed immediate attention violated her right to the highest attainable standard of healthcare.
He further noted that losing her newborn and the ability to conceive again, due to the negligence of the hospital’s officers, violated her right to the highest standards of reproductive healthcare.
“A declaration is hereby issued that the mishandling and deliberate neglect of the Petitioner by the doctors and nurses at the Respondent’s facility that thereafter led to the death of the Petitioner’s baby and unwarranted negligent removal of the Petitioner’s uterus violated Article 43 (1) (a) of the Constitution that guaranteed the Petitioner the highest standards of healthcare, the right to inherent human dignity under Article 28 and the Right from being subjected to psychological or mental torture under Article 29 (d) of the Constitution,” the court ruled.
Pumwani Hospital to Pay Ksh 7.5M
The ruling follows a petition filed by the resident of Mukuru kwa Ruben, who said that on 19th October 2019, she visited Pumwani Maternity Hospital with her husband while experiencing severe labour pain.
Upon arrival, the hospital’s nurses indicated that she would be taken to the theatre immediately.
She was reviewed several times by the nurses but was ultimately left in pain without any assistance, despite her critical condition.
“Around 3:00 pm, her water broke, yet no attention was given by the nurses or doctors present. She was not taken to the theatre until 9:00 pm,” read part of the court ruling.
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The following day, the attending nurse informed her that her baby had died during delivery and that the doctors had decided to remove her uterus.
“The petitioner was shown the deceased infant and the removed uterus, both of which were kept in a basin beneath her bed,” the court added.
On 26th May 2021, the petitioner lodged a complaint with the Kenya Medical Practitioners and Dentists Council (KMPDC). The Council’s Disciplinary and Ethics Committee heard the case, examining both the petitioner and witnesses from Pumwani Maternity Hospital.
In its ruling dated 28th September 2022, the Council found that the hospital had failed in multiple areas of duty of care.
The Council determined that the hospital was responsible for ensuring qualified professionals exercised due diligence, proper diagnosis, appropriate care, and informed decision-making, including obtaining proper consent for surgery or other high-risk procedures.
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KMPDC Finds Pumwani Hospital Negligent
The ruling highlighted that the hospital did not follow internationally and nationally established standards and guidelines and could be held liable for the actions of its personnel.
“The Council noted that the petitioner’s case was improperly prioritized, leading to an 11-hour delay before she was taken to theatre, despite being scheduled for an emergency caesarean section. No escalation or mitigation measures were put in place, which could have saved her baby’s life and reduced her trauma,” the documents read further.
The ruling also found that the petitioner had not given informed consent for the procedures carried out.
The hospital failed to adequately explain the nature, purpose, risks, benefits, and alternatives of the treatment.
Consequently, KMPDC ordered the hospital to initiate mediation and compensation with the petitioner and to report back within 120 days.
However, the petitioner stated that the hospital never approached her to implement the ruling, despite her repeated follow-ups in October 2022 and January 2023, as well as additional communications in January and February 2023.
The petitioner said the hospital’s inaction caused her great suffering and trauma, including permanent physical and psychological harm, and stripped her of her dignity as a woman.
Most gravely, she was denied the ability to conceive again, a consequence of the hospital’s neglect, negligence, and arrogance, which she argued violated her constitutional rights.
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