A local hospital in Kisumu County was on Wednesday, February 28, ordered to pay a woman Ksh2.5 million for allegedly violating her rights during childbirth.
In the judgment delivered at the Kisumu Court, Justice Joel Ngugi noted that the prosecution had proven beyond reasonable doubt that the woman suffered grievous harm at the hands of the nurses of the hospital.
During the court proceedings, the aggrieved lady claimed that she was admitted to the public health facility in preparation for childbirth.
At the time of admission, she had exceeded her due date of delivery. She noted that the facility was obligated to offer her free maternity healthcare services as per the government's policy.
Upon examination, the doctor at the said facility preferred that the lady should undergo induced labour.
Due to the limited number of beds, the lady alleged that she was forced to share a bed with another patient.
Moreover, the woman claimed that she was forced to give birth on the hospital floor along the corridor. She also claimed that the nurses failed to physically check and monitor her progress after inducing her to the point that even when she sought help no one attended to her.
"(The patient's name withheld) testified that she regained consciousness to shouts, verbal insults and physical assault from two nurses who were displeased that she had given birth on the floor," read part of the court document.
"The two nurses, she testified, ordered her to carry her placenta and walk to the delivery room to have it expelled. At this time, Josephine was in a state of confusion and half-consciousness so much that her mind did not fully register in her memory the mistreatment she went through."
To back her claims, phone recordings were produced in court which showed how the woman was mistreated.
In a replying affidavit, the hospital acknowledged that they faced budgetary constraints but denied allegations of mistreatment.
The hospital claimed that the Nursing Council of Kenya investigated and cleared the accused nurses of all accusations.
The hospital also alleged that the woman was discharged without issuing any complaint, hence pointing out that the claims of assault were far-fetched and trying to paint them in bad light.
To further dispute the recordings, the hospital alleged that the woman had signed a statement of receiving satisfactory services before being discharged.
While reviewing the evidence, Justice Joel Ngugi deemed that the hospital had violated the woman's rights and she was justified in seeking compensation.
“That a formal apology be made to the patient by the hospital and the three nurses herein named as having violated her rights within the next 15 days of the date hereof," Justice Ngugi stated.
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