The Kenyatta National Hospital (KNH) has been ordered to pay Sh2.2 million in compensation to the family of a road accident victim who succumbed to his injuries after being denied emergency surgery for 10 days.
High Court Judge Tabitha Ouya said that the hospital breached its duty to take care of the patient through laxity.
“The sole purpose for seeking emergency treatment is to save life and when that treatment is sought in a medical facility of the respondent stature, an ordinary right-thinking person expects prompt action and/or professional advice on which both hospital and the client can act upon to save life,” the judge said in her ruling on Tuesday.
“In the court’s view, therefore, the laxity with which the respondent facility handled the appellant’s patient amounted to a breach of the duty of care,” Justice Ouya added.
The case stemmed from a road accident on February 19, 2018, in which Angelos Miano Muthee, was critically injured.
He was rushed to KNH’s emergency unit, where the medical personnel recommended a computed tomography (CT) scan– a medical imaging technique used to help healthcare providers detect diseases and injuries.
However, the CT scan was delayed and when it was finally done, the results showed that Muthee had suffered injuries that required medical attention in the intensive care unit (ICU).
However, the patient was not admitted to the ICU until 1.00 am on February 20, 2018 —nearly 12 hours after the patient arrived at KNH with a serious head injury.
Muthee’s condition deteriorated and doctors recommended a second CT scan. Again, the results were delayed until February 23, 2018. Based on the results of the repeat CT scan, doctors at KNH recommended an emergency surgery but this was not performed.
Instead, the patient was kept on a life support machine until he passed away on February 28, 2028.
The aggrieved family of Muthee’s family sued KNH for negligence in delaying essential care, failing to transfer the patient to a facility with adequate resources and lacking the diligence required of a national medical institution.
However, the suit was dismissed by a chief magistrate’s court, prompting the deceased family to seek redress in the High Court.
Citing the post-mortem report, the late Muthee’s father James Muthee Mano told the High Court that the patient’s condition had been misdiagnosed, with injuries identified in the post-mortem report being initially overlooked by the KNH staff. As a result, the deceased did not receive appropriate medical care when it was most needed.
KNH, however, denied the negligence claims, stating that its medical teams managed the deceased with the expected care, attention, and medical skill in the circumstances. They denied any breach of the duty of care owed to the deceased.
Justice Ouya sided with the deceased family and found KNH culpable of negligence.
“The lingering question herein is whether the patient would have survived had immediate action been taken upon the CT scan done on the 22nd. Indeed, there is a big chance of survival when intervening measures are taken on patients on time,” the judge said.
“Unfortunately, the surgeons reviewed it on the 23rd and recommended emergency surgery which was not acted upon until the 24th at 4pm. In view of all the foregoing circumstances, the respondent owed the appellant duty of care which was breached, leading to the death of the deceased,” Justice Ouya added.
