Kilifi county ordered to pay minor Sh500,000 for wrong treatment

Judge Weldon Korir awarded a minor Sh500,000 for wrongful treatment at Malindi subcounty hospital, October 23, 2018. /ALPHONCE GARI
Judge Weldon Korir awarded a minor Sh500,000 for wrongful treatment at Malindi subcounty hospital, October 23, 2018. /ALPHONCE GARI

The Kilifi county government has been ordered to pay a minor Sh500,000 for wrong treatment at the Malindi subcounty hospital.

Judge Weldon Korir directed the county and the medical superintendent to pay the minor for damages caused by the medical impropriety.

Justice Korir on Tuesday said the county government and the medical superintendent contributed to the said damages.

The child's parents Goko Kimani and Lucy Wanjohi filed the suit after their child was inserted with an intravenous (IV) line in her scalp that caused swelling.

Wanjohi told the court that her daughter lost vision for five days after the removal of the IV line.

She said the minor further developed a festering wound on the scalp, which developed other complications.

"We sought further treatment at various hospitals to an extent of exhausting funds," she said adding that the child was forced to drop out of school.

In his judgement, Justice Korir said an officer hired by the medical superintendent failed to take due care and diligence in attending to the minor.

"The medical officer failed to properly administer the IV line and failed in their duties of care to apply the proper medical standards in the circumstances."

The judge said the minor suffered pain due to the negligence of the defendants. He said the court could not turn a blind eye to the scar it saw on the minor’s scalp.

Korir further said the minor had suffered a soft tissue injury resulting in a scar.

He said the plaintiff (minor) did not make any proposal on the damages to be awarded while the defendants proposed Sh200,000.

Justice Korir said he made the ruling after considering the duration it took for the wound to heal and the psychological impact it would have to the minor.

"I find an award of Sh500,000 ideal as general damages in the circumstances of this case," he held.

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