The Kenyatta National Hospital (KNH) will have to cough some Sh2.5 million after they were held liable for negligence following the death of a dialysis patient under their care in 2003.
In awarding the damages to the family of the late Simon Makisachi, Justice Asenath Nyaboke Ongeri said proper monitoring of the deceased after catheterization and subsequent dialysis was not undertaken.
From the court records, the deceased was at the time of his death, a healthy, vigorous man aged 38 years. He was a Lecturer at St. Mary’s Teacher College, Bura. He used to earn Sh19,362 gross monthly pay. He had two children who were all dependent on him for their livelihood and maintenance. At his death, the family said they spent Sh45,100 for the burial.
His wife, Faith Nashika Ringo, lodged the case in court back in 2006. She sued the Kenyatta National Hospital and one Dr Joshua Kayima.
She said Makisachi was diagnosed with renal disease and was admitted at Kenyatta Hospital at the instruction and instance of Dr Kayima.
On August 26, 2003, the deceased underwent dialysis at Kenyatta Hospital but collapsed and died a few hours after the first episode of dialysis. They sought various remedies following his death which they said was caused by the negligence of the hospital
The hospital in its defence told the court that the Deceased unfortunately had a chronic illness. It asked the court to take judicial notice that he may not have lived for as long as the family thought owing to the kidney failure.
The Hospital defended itself, saying since the deceased also collapsed and died a few hours after a dialysis procedure, the damages awardable for pain and suffering ought to be minimal.
The Judge in awarding damages said the wife had proved the case and further held the Hospital and the doctor were 100 per cent liable in negligence for the death of the deceased.
She said there is evidence that after Dr Kayima inserted the catheter, he did not closely monitor the patient’s progress but left the patient entirely in the care of the attending nurses.
“There is no indication from the hospital records that before the deceased underwent a procedure for dialysis his condition was critical on the night of the dialysis which points to one conclusion- the Defendants were negligent,” said the Judge.
