Court orders Kibuli Hospital to pay Shs147 million over negligence in newborn’s death
The court heard that the mother made several attempts to get medical assistance, but the baby was transferred to the neonatal unit only the following morning.
The High Court has ordered Kibuli Muslim Hospital and a doctor to pay more than Shs147 million in damages after finding that failures in the care of a newborn contributed to the child’s death.
Acting High Court Judge Bonny Isaac Teko ruled that the hospital and Dr. Dickens Aturwanaho were negligent in handling the case of Baby Jibreal Jumah Sewankambo, who died in October 2018 after complications developed shortly after birth.
The court awarded the baby’s mother, Jaridah Kyofuna, about Shs147.4 million in damages, including Shs17.37 million in special damages, Shs100 million in general damages and Shs30 million for loss of expectation of life. The award will also attract interest and costs.
According to court documents, Kyofuna had attended antenatal care at Kibuli Muslim Hospital and later delivered her baby boy through an elective caesarean section.
The newborn was initially stable after delivery but later developed breathing difficulties. The court heard that the mother made several attempts to get medical assistance, but the baby was transferred to the neonatal unit only the following morning.
Medical examinations later revealed that the child had anaemia and low platelet levels, with doctors suspecting haemorrhagic disease. An emergency blood transfusion was carried out using the mother’s blood after compatible donor blood could not immediately be obtained.
However, the baby’s condition worsened and he died on October 9, 2018.
Court Cites Failures in Care
Justice Teko relied on evidence, including findings from the Uganda Medical and Dental Practitioners Council (UMDPC), which highlighted several areas of concern in the management of the newborn’s condition.
The court found that there was a significant delay before the child received appropriate medical attention, that specialist review was inadequate, and that there were shortcomings in investigations and the emergency transfusion process.
The judge said the failures amounted to a breach of the duty of care owed to the newborn and contributed to the death.
Kibuli Muslim Hospital was held responsible for the actions of its staff.
The judgment has renewed attention on standards of neonatal care in Uganda, with healthcare stakeholders emphasising the need for timely emergency response, proper supervision of medical procedures and stronger accountability mechanisms in health facilities.
The hospital and the doctor have the right to appeal the ruling.
