The High Court has ordered Pumwani Maternity Hospital to pay sh 7.5 million in compensation to a woman whose baby died and whose uterus was removed without consent due to what the court termed as gross medical negligence.
In a ruling delivered by Justice Lawrence Mugambi, the court found that the hospital violated the woman’s constitutional rights by failing to provide emergency treatment for more than 11 hours, despite her critical condition during labor.
“The mishandling and deliberate neglect by the hospital’s staff, leading to the death of the baby and the non-consensual removal of the petitioner’s uterus, constituted a violation of her rights to the highest attainable standard of health (Article 43), dignity (Article 28), and protection from psychological torture (Article 29(d)),” the judge declared.
The case was filed by a resident of Mukuru kwa Ruben, who recounted the traumatic events of October 19, 2019, when she arrived at Pumwani in severe labor pains.
Despite nurses initially indicating she would be taken to the theatre immediately, she was left unattended for hours even after her water broke around 3:00 pm.
It was not until 9:00 pm that she was finally taken to surgery. The next day, she was informed that her baby had died during delivery, and doctors had removed her uterus.
Disturbingly, both the deceased infant and removed uterus were shown to her in a basin placed under her bed.
The woman later lodged a complaint with the Kenya Medical Practitioners and Dentists Council (KMPDC) in May 2021.
The Council’s Disciplinary and Ethics Committee investigated the matter and, in a ruling delivered in September 2022, concluded that the hospital had failed in several aspects of care, including diagnosis, timely intervention, and obtaining informed consent.
The Committee noted that the emergency caesarean section had been improperly delayed, and there was no evidence of escalation or efforts to mitigate the situation failures that may have contributed to the baby’s death and the mother’s lasting trauma.
In addition, the Council determined that the patient had not given informed consent for the hysterectomy.
The hospital failed to explain the procedure’s risks, benefits, and alternatives, thereby violating medical ethics and patient rights.
Although the KMPDC directed the hospital to initiate mediation and compensate the woman within 120 days, the hospital allegedly failed to follow through, prompting the petitioner to seek redress in court.
Justice Mugambi ruled that the woman had suffered irreversible physical and emotional harm, including the loss of reproductive ability and enduring psychological trauma.
“The petitioner was denied not only the joy of motherhood but also her dignity and bodily autonomy.
The hospital’s neglect and arrogance stripped her of rights protected under the Constitution,” the court concluded.
The Ksh 7.5 million compensation is meant to account for physical harm, psychological suffering, and violation of constitutional rights.
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