Pregnancy is a beautiful journey with an expected beautiful outcome. The birth of a child in the African context is akin to the birth of aspirations and great hope for one’s generational line. It is the only way of extending our legacy beyond our imminent mortality.
When stepping into a hospital for childbirth, you entrust your life and that of your child to medical professionals. But what happens when that trust is shattered?
Shattered Dreams
Our client, stepped into Mater Hospital with the hopes of having a seamless birth and delivery and a bouncing baby girl.
She hoped to experience her daughters’ firsts. First word. First walk. Weaning the child from breast milk to solid food. The child gaining independent milestones in feeding themselves. Using a toilet seat and not diapers. The first day of kindergarten. The journey from infant to adolescent to adult. These are the natural steps and thoughts every parent has.
Unfortunately, these fists were stolen from her and her daughter. Instead of getting a bouncing baby girl, she was given a baby who is flaccid and vegetative. A baby who will never walk but confined to a wheelchair for life. A baby who will never laugh, talk or sit up. A baby who has to be fed through a feeding tube.
The Neurologist medical report stated the baby had to be held by the mother, had no head control, no primitive reflexes, no response to menace or stimuli, no muscle tone (spastic) and had a Gastronomy feeding tube.
The Issue: A Betrayal of Trust in Maternal Care
In a tragic case of medical negligence, our client endured over 14 hours of prolonged labor, which resulted in her child suffering birth asphyxiation and later being diagnosed with cerebral palsy. The mother, despite desperate pleas for a C-section when her labor was not progressing, was ignored by the medical officials at the hospitals.
49 days painful days later, her baby was finally discharged—leaving behind not just heartbreak but a Kshs. 2,001,854.00 hospital bill, a child who would never walk to her mother, have the ability to speak, feed from the mouth but from a tube, and be confined to a wheelchair for life. The child was vegetative and diagnosed with cerebral palsy.
A Walk to Justice
When our client walked through our doors, there was no question that we had to pursue justice. We represented our client at the Kenya Medical Practitioners and Dentist Council and at the High Court.
We gathered medical experts to help us study medical records and notes. We poured through medical journals and books. We spent sleepless nights making our case airtight, and finally we delivered justice.
The Court’s Verdict: A Landmark Win in Medical Negligence
In a landmark judgement, our Managing Partner, Stella Muraguri, secured justice and compensation. After careful examination of the evidence, the court unequivocally ruled in favor of our client, holding the hospital fully liable. The court awarded Kshs. 48,000,000.00 in damages, recognizing the devastating consequences of medical negligence. The court’s stance was clear: when doctors and hospitals fail in their duty of care, they must be held accountable.
Why This Matters to All of us?
For hospitals, this case serves as a stern warning. Substandard care will not go unpunished. The duty of care is not just a moral obligation; it is a legal requirement. Hospitals must enforce stricter oversight, ensuring their medical staff meet professional standards and prioritize patient safety.
For patients, this ruling reaffirms your rights. Medical negligence is not dead-end. Justice can be pursued, and compensation is attainable. If you as a patient suffers due to medical negligence, you don’t have to remain silent. The law provides a clear path to accountability.
Justice isn’t just a verdict—it’s a standard. And we are here to uphold it.
Email: info@mmw.legal / Call us: +254 776 314659 / Whatsapp:+254 700 065 190
Article by Stella Muraguri & Moffat Atancha.