Hos­pi­tal or­dered to pay mother Sh54m

Judge rules Nairobi Women’s Hos­pi­tal was neg­li­gent dur­ing birth of baby boy

Daily Nation (Kenya) - - NATIONAL NEWS - BY MAU­REEN KAKAH @mau­reenkakah mkakah@ke.na­tion­media.com

The High Court has or­dered Nairobi Women’s Hos­pi­tal to pay Sh54.7 mil­lion to a woman whose child ended up suf­fer­ing from cere­bral palsy due to neg­li­gence dur­ing birth.

The mother had told the court that she vis­ited the hos­pi­tal, where she had at­tended an­te­na­tal clin­ics, on May 27, 2007 and was im­me­di­ately checked into the labour ward.

She claimed she was first in­duced into labour with­out suc­cess and that due to lack of proper at­ten­tion, she suf­fered se­vere phys­i­cal, men­tal and psy­cho­log­i­cal an­guish.

She was rushed into the­atre two days later for a Cae­sarean sec­tion, but the child de­vel­oped breath­ing prob­lems and had to be taken to the Aga Khan Univer­sity Hos­pi­tal, where he was first ad­mit­ted to the High De­pen­dency Unit and later to the In­ten­sive Care Unit for sev­eral days.

When he was dis­charged, he was re­ferred to the Kenyatta Na­tional Hos­pi­tal, where he was di­ag­nosed with cere­bral palsy, which had ren­dered him un­able to breast-feed. As the boy grew he could not sit on his own, had to be fed on mashed foods be­cause he could not chew, had no speech or head con­trol and had to be un­der round the clock care. He was later con­signed to us­ing a wheelchair and was en­rolled in a spe­cial school, where the fees was Sh100,000 a term.

The court heard that the child re­quired at least Sh1,188,000 in a year.

“It should be noted that the par­ents of this child would not have found them­selves in this sit­u­a­tion had pru­dent and pro­fes­sional at­ten­dance been ex­tended to them,” ruled Jus­tice Msagha Mbo­goli.

He added: “I, there­fore, en­ter judg­ment against the de­fen­dants to the sum of Sh54.7 mil­lion.”

The judge broke down the award, say­ing that Sh18.7 mil­lion was for the cost of speech, oc­cu­pa­tion and phys­io­ther­apy, Sh6 mil­lion for ed­u­ca­tion, Sh2.8 mil­lion for per­sonal hy­giene, Sh3.3 mil­lion for med­i­cal con­sul­ta­tions, Sh.9.6 mil­lion for med­i­ca­tion, Sh7.2 mil­lion for a care­giver, Sh3.6 mil­lion for adap­tive equip­ment and Sh631,000 for spe­cial dam­ages.

He also awarded the mother Sh800,000 as com­pen­sa­tion for her pain as well as Sh8 mil­lion for the mi­nor.

The judge said the monies could be in­vested for the ben­e­fit of the child.

It should be noted that the par­ents of this child would not have found them­selves in this sit­u­a­tion had pru­dent and pro­fes­sional at­ten­dance been ex­tended to them.” Judge Msagha Mbo­goli

FILE | NA­TION

Nairobi Women’s Hos­pi­tal, Adams Branch. The hos­pi­tal has been or­dered to pay Sh54 mil­lion to a woman whose child ended up suf­fer­ing from cere­bral palsy due to neg­li­gence dur­ing birth.

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