Mulago Hospital to pay Shs50 million in damages for baby’s mysterious disappearance
In 2016, CEHURD and Nakayima filed a case against the Executive Director of Mulago National Referral Hospital and the Attorney General challenging the disappearance of her baby after a C-section at Mulago Hospital.
The Civil Division of the High Court of Uganda has ordered Mulago National Referral Hospital to pay Fatumah Nakayima Shs.50 million, in compensation for the disappearance of her baby after a C-section.
The court ruling comes 7 years after the Center for Health, Human Rights and Development (CEHURD) and Nakayima filed a case against the Executive Director of Mulago National Referral Hospital and the Attorney General, challenging the hospital’s failure to avail Nakayima with her newborn baby dead or alive.
Background
In 2016, CEHURD and Nakayima filed a case against the Executive Director of Mulago National Referral Hospital and the Attorney General challenging the disappearance of her baby after a C-section at Mulago Hospital.
According to court, Nakayima went to Mulago Hospital with labor pains and was admitted in Ward 5C. The following morning, she was transferred to the theatre for an emergency caesarian section.
While in the theatre, one Okwel, the anesthetist administered full anesthesia causing her to lose consciousness during the operation. Upon gaining consciousness, she asked for her baby but she was informed by a health worker that she gave birth to a baby boy who weighed 3.5 kgs.
“She was further informed that the baby lived for a while and died. From ward 5C she was transferred to High Dependency Unit (HDU) where she requested for her baby but a female worker told her that her baby’s body could not be found. On December 28 and together with her mother, they reported the matter to the police at Mulago Police Station,” reads part of her case.
In the company of police officers, they went to Mulago Hospital mortuary. The mortuary attendant did not avail the body of her baby and there was no record to indicate entry of the body of her baby in the mortuary.
She then approached the CEHURD for assistance. On May 10, 2016, Nakayima wrote to the Attorney general demanding accountability for the missing baby but the letter was not responded to.
However, Kyokuwaire Teddy – an enrolled midwife and Dr. Barageine Justus Kafunjo – an obstetrician, gynecologist and fistula surgeon, both from Mulago Hospital, asserted that Nakyima was awake throughout the operation. They add that her uterus was ruptured and the baby was already dead.
They explained to the court that Nakayima and her sister were informed about the tragic death of her baby, and were shown the body, however didn’t clarify on whether they received it.
The baby or its body has never been found and it is against that background that this case was filed seeking declarations that the failure of Mulago Hospital to give Nakayima her baby after birth and provide her with information concerning the whereabouts of her baby, dead or alive, was a violation of her right to health and the right not to be subjected to cruel, inhuman and degrading treatment; and an order that Mulago Hospital immediately availed Fatumah’s child.
In his Judgement Judge Philip Odoki ordered Mulago Hospital to pay Nakayima a compensation of Shs.50,000,000/=, and this will attract an interest of 15% per annum from the date of the ruling, till payment in full.
