Rédaction Africa Links 24 with The Observer
Published on 2024-02-01 21:52:26
Justice Phillip Odoki of the High court has made a ruling to order Mulago hospital to pay Shs 50 million to a 47-year-old woman as compensation for the psychological torture and trauma she suffered when they lost her baby. The ruling came after the failure of the hospital to give Nakayima her baby after birth and provide her with information concerning the whereabouts of her baby, dead or alive, which is a violation of her rights to health under Article 45 of the Constitution and other International Human Rights Instruments.
In 2016, Nakayima and the Centre for Health, Human Rights and Development (CEHURD) took legal action against the executive director of Mulago hospital together with the Attorney General, seeking orders that the hospital surrender her baby dead or alive and damages for the violation of her human rights and those of her child. They claimed that the failure to give information on the whereabouts of her child subjected her to psychological torture and cruel, inhuman, and degrading treatment.
According to Nakayima, she went to Mulago to deliver, where after a cesarean, she was told that her baby boy measuring 3.5kg had lived for a short while and died. However, she was never been shown the body. They tried to engage the hospital director for a response but in vain. Justice Odoki emphasized that Nakayima suffered terrible psychological torture which affected her mental well-being and was a violation of her right to health because all her efforts to secure her baby after delivery, dead, or alive were futile.
Dorothy Amuron, CEHURD’s acting director of programmes welcomed the ruling that underscores the importance of safety in public health facilities in Uganda. She said that Nakayima’s case is the fourth that CEHURD has handled and implored the government to put in place a mechanism that ensures the effective tracing of newborn babies from the point of delivery to the point of departure from the health facility, noting that public health facilities are accountable for any loss of a newborn child.
This is not the first time that the courts of law have ordered Mulago hospital to pay damages for a missing child. In 2012, a couple Jennifer Musimenta and Michael Mubangizi sued the hospital after their child went missing at birth, and days later, the hospital reportedly gave them a baby who had just died. However, DNA tests confirmed that the body was not of their child, leading to a successful case filed on behalf of the couple by CEHURD, and Mulago hospital was ordered to pay the couple Shs 85 million in 2017.
The ruling by Justice Odoki highlights the importance of accountability and transparency in healthcare facilities, especially when it comes to the safeguarding of newborn babies. The psychological trauma experienced by Nakayima and other individuals in similar situations underscores the need for stringent measures to ensure the safety and well-being of mothers and infants in healthcare settings.
In conclusion, the court’s decision to award compensation to Nakayima sets a precedent for holding healthcare facilities accountable for any negligence or misconduct that leads to the loss or harm of newborn infants. It also serves as a reminder to all healthcare providers to prioritize the well-being of their patients and adhere to established standards of care to prevent such incidents from occurring in the future.
Read Original article on The Observer
