Rédaction Africa Links 24 with Tonny Abet
Published on 2024-02-02 07:07:44
After a long legal battle, Ms. Fatumah Nakayima finally received justice in a case where she sued the Mulago Hospital executive director and the government for failing to provide her with her baby after delivery. The ruling, delivered on January 17 by Justice Phillip Odoki of the High Court in Kampala, ordered the government to pay Ms. Nakayima compensation of Shs50 million, along with the cost of the suit. The justice emphasized that the failure of the hospital to give Ms. Nakayima her baby after birth in December 2015 and to provide her with information concerning the whereabouts of her baby constituted a violation of her right to health. He further noted that the ordeal had caused Ms. Nakayima to suffer severe psychological torture, impacting her mental well-being and, therefore, violating her right to health.
The case was filed by the Centre for Health, Human Rights and Development (CEHURD) and Ms. Nakayima in 2016. In response to the ruling, Dr. Rosemary Byanyima, the acting executive director of Mulago Hospital, stated that they were reviewing the documents and striving to understand what had happened in 2015. The applicants recounted that Ms. Nakayima was admitted to Mulago Hospital with labor pains on December 26, 2015, and was then transferred to the theatre for an emergency caesarean section. Following the procedure, Ms. Nakayima was informed that her baby had lived for a while and then passed away. However, when she inquired further, she was unable to locate her baby’s body, despite her and her mother’s efforts and the involvement of the police.
After reporting the matter to the police and seeking assistance from CEHURD, it was discovered that the hospital had not responded to demands for accountability regarding the missing baby. Court records indicate that two health workers from Mulago Hospital acknowledged their involvement with Ms. Nakayima, with conflicting accounts of the events. Dr. Justus Barageine Kafunjo stated that he found the baby to be already deceased, while the midwife, Ms. Teddy Kyokuwaire, claimed to have shown Ms. Nakayima the deceased baby. Ultimately, the court ruled in favor of Ms. Nakayima, acknowledging the violation of her right to health and awarding her the compensation and costs of the suit.
The applicants’ legal representation highlighted that due to increased advocacy, cases of missing babies have reduced, with hospitals implementing measures such as installing cameras and implementing standard procedures for tracking the movement of newborn babies. While progress has been made, they acknowledged that similar cases could still exist. This case serves as a poignant reminder of the importance of holding institutions accountable and advocating for the rights of individuals in vulnerable situations.
Read the original article on Uganda Monitor
