Court Awards Woman Ksh 2.5M for Being Forced to Give Birth on Hospital Floor
On Wednesday, February 28, a woman was awarded a compensation of Ksh2.5 million by a Kisumu County hospital for purportedly infringing upon her rights during the childbirth process.
In the verdict pronounced at the Kisumu Court, Justice Joel Ngugi observed that the prosecution had successfully demonstrated, without a shadow of a doubt, that the woman had endured severe injuries inflicted by the hospital nurses.
In the legal proceedings, the distressed woman asserted that she had been admitted to the public healthcare facility in anticipation of giving birth.
Upon admission, she had surpassed her expected delivery date. She observed that by government policy, the facility was required to provide her with complimentary maternity healthcare services.
After reviewing the case, the physician at the mentioned facility recommended that the woman undergo induced labor.
Because of the scarcity of available beds, the woman claimed that she had no choice but to bunk with another patient in the same bed.
Furthermore, the woman asserted that she was compelled to deliver her baby on the hospital floor within the corridor. Additionally, she alleged that the nursing staff neglected to conduct physical examinations and monitor her progress after inducing labor, to the extent that when she sought assistance, no one responded to her.
“(The patient’s name withheld) testified that she regained consciousness to shouts, verbal insults and physical assault from two nurses who were displeased that she had given birth on the floor,” read part of the court document.
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“The two nurses, she testified, ordered her to carry her placenta and walk to the delivery room to have it expelled. At this time, Josephine was in a state of confusion and half-consciousness so much that her mind did not fully register in her memory the mistreatment she went through.”
To support her assertions, phone recordings were presented in the court, revealing instances of the woman being subjected to mistreatment.
In its responsive affidavit, the hospital admitted to financial limitations but refuted claims of misconduct.
The hospital stated that the Nursing Council of Kenya conducted an inquiry and exonerated the accused nurses from all allegations.
The hospital additionally claimed that the woman was released without filing any complaint, thus asserting that the accusations of assault were exaggerated and an attempt to portray them negatively.
To strengthen their challenge to the recorded evidence, the hospital claimed that the woman had endorsed a document confirming her satisfaction with the services provided before her release.
During the examination of the evidence, Justice Joel Ngugi concluded that the hospital had infringed upon the woman’s rights, and she had valid grounds for pursuing compensation.
“That a formal apology be made to the patient by the hospital and the three nurses herein named as having violated her rights within the next 15 days of the date hereof,” Justice Ngugi stated.
Court Awards Woman Ksh 2.5M for Being Forced to Give Birth on Hospital Floor
