Nairobi Women’s Hospital to pay Ksh.54M for negligence of minor

The High Court has ordered Nairobi Women’s Hospital to pay Ksh.54 million to a minor, for negligence during his birth, which resulted into a case of cerebral palsy.

Judge Mbogholo Msagha further ordered the hospital to pay the mother Ksh. 800,000 for the pain and suffering she underwent during labor.

“The mother and child would not have found themselves in that situation had prudent and professional attendance been extended to them,” the court ruled.

The mother, Purity Kemunto, narrated how she went to Nairobi Women’s to give birth and was induced into labour but without positive results.

Despite this, the medical staff still did not give her proper attention, she added.

Kemunto lamented that it has been nine years of suffering with huge medical bills piling up after her spouse walked out on her.

“I have been left to look after the child single-handedly and this will be an expenditure that will be there for as long as the child is with me,”she said.

In his ruling on Thursday, the judge said the two deserve the awarded compensation due to the horrifying ordeal and the irreversible condition of the child.

Judge Mbogholo Msagha noted that the 11-year-old boy was wheeled into the court for the first hearing and seemed incapacitated with a blank stare.

He further observed that when the hospital pays up, the money can be reasonably be invested for the benefit of the child.

According to the court papers, the child was delivered at the hospital in 2007 but because of the medical negligence by the staff, the child developed complications.

Two medical reports by Profs. Kiama Wangai and Erastus Amayo concluded that had the labour been monitored, the Caesarean Section would have been done in good time.

Dr.Amayo revealed that the child likely suffered Asphyxia and will remain dependent for life.

Other damages are broken down as follows: cost of speech, occupation and physiotherapy (Ksh18.7million), education (Ksh.6million), personal hygiene (Ksh.2.8million), medical consultations (Ksh.3.3million), medication (Ksh.9.6million), caregiver (Ksh.7.2million), adaptive Equipment (Ksh.3.6million) and special damages (Ksh.631,000).