Written by Joyce Nzomo
The High Court has ordered Pumwani Maternity Hospital to pay Ksh7.5 million to a woman for gross medical negligence that led to the stillbirth of her child and the non-consensual removal of her uterus.
Justice Lawrence Mugambi, delivering the ruling on Wednesday, found that doctors and nurses at the Nairobi-based facility delayed emergency treatment for more than 11hours during her 2019 delivery despite clear indications of a critical condition.
Court records identify the patient as LL, a resident of Mukuru kwa Reuben in Nairobi. She arrived at Pumwani at 7am on October 19, 2019, in severe pain, and was assured by nurses that she would be taken to the theatre immediately.
However, she wasrepeatedly checked but left untreated until 3pm, when her water broke without anyintervention. It was not until 9.00pm that she was finally taken to theatre.
Her baby was declared dead, and the following day she was informed that her uterus had been removed without her consent. According to her testimony, hospital staff allegedly placed both the deceased infant and the excised organ in a basin under her bed.
Justice Mugambi ruled that the hospital’s actions violated her constitutional rights to the highest attainable standards of healthcare, inherent human dignity, and freedom from psychological torture, adding that the negligence caused permanent loss of reproductive ability, severe emotional distress, and lasting social stigma.
“A declaration is hereby issued that the mishandling and deliberate neglect of the Petitioner by the doctors and nurses at the Respondent’s facility that thereafter led to the passing on of the Petitioner’s baby and unwarranted negligent removal of the Petitioner’s uterus violated Article 43(1)(a) of the Constitution,” the court ruled.
The case dates back to May 26, 2021, when LL lodged a complaint with the Kenya Medical Practitioners and Dentists Council (KMPDC). On September 28, 2022, the Council’s Disciplinary and Ethics Committee found Pumwani had failed in its duty of care, prioritization, and informed consent, ordering mediation and compensation within 120 days a directive the hospital ignored.
More people online have come out speaking of having similar experiences at Pumwani.
