Woman sues hospital for death of baby boy

By ISAIAH LUCHELI

Kenya: A woman who spent over 12 hours in labour has sued the Aga Khan University Hospital (AKUH) for causing the death of her baby.

Shafina Magre and her husband, Khurrum Magre, have accused the hospital of negligence, having been attended by incompetent and inexperienced staff, which led to the loss of their baby boy.

Through lawyer Asugah Ongicho, Magre submits that she had been attending post-natal clinics at the hospital before she was admitted to the institution’s maternity ward in September 9, 2009.

“The plaintiff was taken to the labour room at about 9.00am where a nurse set up the monitor for checking on the baby. She was asked to press a button whenever the baby kicked. The baby kicked quite often which led to the nurse to say that the baby was very playful,” she submitted.

After being in the labour ward for over two hours, Ms Magre and her husband Khurrum had asked one Dr Dodhia about performing a caesarean operation as the plaintiff was completely exhausted but Dr Maria Carvalho advised against it without examining her.

“In the evening, the first plaintiff requested Dr Dodhia to perform a vacuum delivery because of the difficulties which had arisen but Dodhia became annoyed and rude and asked Magre if she knew more about delivering a baby than him, before refusing the procedure,” she said.

Magre again asked to be attended to by Dr Carvalho. But Carvalho, who the couple has also sued, was said to be busy. “They hurriedly summoned Dr Williams Stones at around 9.15pm who told Dodhia in the presence of the couple that it was too late,” she submitted.

The baby boy, after the difficult delivery, was rushed by the staff to the Intensive Care Unit but died shortly thereafter. Through Ongicho, they argue that the hospital failed to take immediate and urgent steps to perform a caesarean section to deliver the baby, a step that would have saved his life.

Ongicho added the hospital failed to observe or take any reasonable steps to investigate the complaints launched by the couple. In its defence, AKUH denies that its staff or agents were negligent as alleged and want the allegations proved.

“All allegations of negligence, loss, injury and damages as set out and particulars there under are denied,” the hospital submitted through its lawyer. The hospital also distanced itself from claims that the death of the infant was occasioned by the alleged negligence or fault on its part or its staff.