The family of a four-year-old boy has been awarded Sh6 million after his leg was amputated due to negligence by a Makindu hospital.
In August 2013, hours after birth, the infant suffered severe burns to his right leg after a light bulb accidentally fell on him in the nursery at Makindu Subcounty Hospital.
He was separated from his mother Philomena Ndunge, 29, who was recovering at the facility after a Caesarian section delivery.
Following the accident, mother and son remained at the hospital for three months as the baby
was treated.
“When I enquired about what had happened to by son, the nurses told me there was an accident and he was burnt in the nursery. I was saddened to learn that,” Ndunge told the Star at her home in Kiamba,
Kibwezi, yesterday.
She said her son’s leg was amputated without her consent. The hospital did not comment on the claim. It did not respond to calls or short message texts.
The court was told the leg was amputated to save the boy’s life.
In a judgment on Friday in the absence of all the parties, Makindu magistrate Gerald Mutiso dismissed the hospital’s argument. He said the hospital was negligent. The boy’s grandfather Julius Ndungi had sued the
hospital in 2014.
“A newborn baby is totally dependent on the people around it for survival and safety. No reasonable person would place a loose bulb near a baby.
“The last place a person would expect a infant to be a burnt by a falling bulb is in a hospital nursery,” Mutiso said.
“Workers at the hospital were not careful to ensure that heating equipment was in good working condition before placing the baby in the nursery.”
In a interview with the Star at their home, the family said it was informed about the court ruling by local administrators.
Ndunge, a housewife, was unable to attend court sessions because
she lacked bus fare.
“Although the case took took too long, we are satisfied with the judgment. We will use the money to buy an artificial limb to ease movement. I want him to get a proper education,” Ndunge said.
She said her only child has to rest every 30 minutes while limping to school. She escorts him.
