Pregnancy, childbirth doctors the most sued

Doctors specialising in pregnancy and childbirth are the most sued in Kenya, according to an analysis of complaints lodged by patients in the last five years.

Of all complaints lodged with the Kenya Medical Practitioners and Dentists Council between 2019-23, the highest – 26 per cent – relate to obstetrics and gynaecology.

The next area attracting more complaints is general surgery (12 per cent of all cases) and internal medicine at 11 per cent.

Internal medicine doctors diagnose and treat adults experiencing a broad range of internal conditions, including heart, liver, lung and intestinal problems.

KMPDC chief executive Dr David Kariuki on Wednesday said more Kenyans are also lodging complaints against hospitals for perceived unfair charges.

The analysis shows this was the fourt- biggest source of complaints (7 per cent) by patients.

“The council only regulates what doctors can charge, and in most cases, the doctor's fee forms less than 30 per cent of a patient’s bill. We have no control over what hospitals charge,” he said.

Kenyans are also lodging complaints against orthopaedics practitioners (4 per cent), and paediatricians (4 per cent), the medics who treat their children.

The analysis covers the 484 complaints lodged between 2019 and the end of 2023.

Only 227 cases are pending from the 484.

In total, Dr Kariuki said patients have lodged at least 1,534 complaints since 1997.

“These cases are not only against doctors but some are also against health facilities,” he said.

Dr Kariuki said last year, the council received 94 complaints only, compared to 110 in 2022, 90 (2021), 80 (2020) and 110 (2019).

Globally, obstetrics and gynaecology practitioners are more prone to being sued because there are more inherent risks than other areas of medical practice, and errors are common.

However, not every error is the result of negligence.

The council has quasi-judicial functions to deal with medical negligence and malpractice cases.

“That is why any appeals on our decisions go to the High Court. In 97 per cent of the cases, the High Court has agreed with the verdicts of our tribunal,” he said.

The council noted it does not try to shield doctors, noting that it’s doctors who mostly appeal the KMPDC tribunal’s verdicts at the High Court.

The law allows patients or their carers to file complaints for any suspected malpractice, including delayed diagnosis, misdiagnosis, dental malpractice, failing to treat, overcharging and patient abandonment.

Other malpractices include referral without proper instruction, surgical error, undertaking a procedure without informed consent and wrong treatment or medication.

The cost of medical negligence in Kenya is high. On April 20 last year, the Court of Appeal ruled that a high-end private hospital in Nairobi must pay a minor Sh15 million in general damages.

The case was filed by the father of the child. The child's mother went to the hospital for a checkup because she was two weeks overdue in her pregnancy.

The court found that the hospital's staff negligently induced labour. They also forcibly pulled the child out of the mother’s birth canal. This caused an injury called Erb's Palsy. This injury affects the movement of the shoulder and arm — and they might be paralysed.

The facility will also pay Sh7.8 million for future medical expenses involving physiotherapy.

Some medics in Nairobi's top private hospitals told the Star their practice is somehow being dictated by lawyers. 

As the sole registrar of hospitals in Kenya, KMPDC also has powers to close misbehaving and illegal facilities.

At least 858 hospitals were shut down in last year’s crackdown by the regulator for failing to meet compliance.

Last August, the council said at least 60 people had been arrested and would be arraigned to face various charges.

“Apart from having expired samples and not following due process and procedures for samples that had been collected from patients, the other major issue we have seen is non-compliance to infection prevention and control procedures,” Kariuki said.

“Those are the major areas we have found non-conformities in most of these facilities, apart from some of the workers not having the necessary documentation.”

The regulator last year also published a list of unlicensed medical and dental practitioners and health facilities in the country, warning that they are liable to conviction.

KMPDC said such people on conviction shall be liable to a fine not exceeding Sh5 million or imprisonment for a term not exceeding five years or both as stipulated in the law.

“Effective immediately, KMPDC will be taking strict actions against defaulting practitioners and health facilities,” Kariuki said.