When one Lucy Kinya checked herself into St John of God Hospital-Tigania to deliver her twins, in 2016, she had to undergo a cesarean section. While at the hospital’s theatre, she was given four injections on her spine in the morning and regained consciousness at about 5 pm.
But when she tried to rise, she realized she could not walk as her lower limbs yet no further medical attention was given to her at the facility after that.
Kinya was transferred to Meru Level Five Hospital, where she was referred to Kenyatta National Hospital only for tests to revealed that she had sustained an injury in the spine and was permanently immobilized on a wheelchair. In 2017, she sought justice for herself by suing St John of God Hospital-Tigania, through its administrator- the Catholic Diocese of Meru Trustees over negligence.
Meru court Judge Mabea ruled that Kinya had proved her case to the required standards and that she had been badly treated by the hospital. He found that Kinya was injured at the facility and that the injury was as a result of direct trauma to the spine. The court found the hospital very guilty of negligence and awarded Kinya Ksh25.6 million.
“The evidence on record is clear and undisputed that on a material day, the plaintiff presented herself at the first defendant’s facility for delivery. She was in good health. From the medical record, the plaintiff did not have any other complaint when she presented herself for delivery,” said Justice Mabea.