Hospital Ordered to Pay KSh6 Million After Child Suffers Permanent Injury

A Kenyan hospital has been ordered to pay more than KSh6 million after a three-and-a-half-year-old child suffered permanent damage that eventually resulted in an amputation below the elbow.

The High Court found the hospital fully responsible for failing to respond appropriately after the child developed severe pain around the area where an intravenous line had been inserted.

The court heard that hospital staff were informed about the pain, but the child’s worsening condition was not adequately monitored or escalated for further medical assessment.

As the condition deteriorated, the affected limb developed irreversible tissue damage, eventually making amputation necessary.

In its ruling, the court held the hospital 100 per cent liable for the harm suffered by the child. It found that the institution had a broader responsibility to ensure proper care was provided, rather than simply relying on individual healthcare workers.

The court awarded KSh4.5 million for pain, suffering and loss of amenities. A further KSh1.5 million was awarded for loss of earning capacity, bringing the total compensation to KSh6,034,620.

The ruling emphasised that hospitals have a continuing duty to ensure patients receive appropriate care and that warning signs are acted upon promptly.

The judgment also clarified that a hospital can be held responsible where failures in its overall system of care contribute to serious harm, even when responsibility cannot be placed on one particular medical practitioner.

The decision is expected to reinforce the importance of proper monitoring, timely medical reviews and effective coordination of patient care in healthcare institutions.

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