Malindi High court has ordered Kilifi County government and the Malindi Sub-county Hospital medical superintendent to compensate a minor Sh500,000 for injuries sustained from a medical mishap.
Judge Weldon Korir said the defendants, the aforementioned parties, are liable for the health damages to the minor.
Goko Kimani and Lucy Wanjohi, parents to the minor, sued the two parties alongside the Kilifi County Secretary after she was in 2012 wrongly treated at the former Malindi District Hospital, now Malindi Sub-county Referral Hospital.
The mother testified before the judge that on November 27, 2012, she took her daughter to the facility wherein the effect of the treatment, an intravenous (IV) line was inserted in her scalp leading to some swelling.
She added that upon its removal, her daughter temporarily lost vision for five days and a festering wound developed on her scalp leading to further complications.
According to the mother, the incident severely affected the girl as she could not be able to regularly attend school, adding that whenever she attended school she had to put on a cap to keep other children away from touching the injury.
In his testimony, the father, Kimani told the court that even after the wound got healed after seeking for treatment from Naivasha District Hospital, his daughter could not fully recover from the psychological effects of the injury, for she could not sleep comfortably.
Kimani further blamed the defendants from the incident, adding that it has led his daughter not to grow hair at the affected part.
Mr. Kimani added, “Having sought further treatment from various hospitals, I have undergone suffering, my funds have been exhausted and my business collapsed.”
In his ruling, Justice Korir said that the Medical Superintendent employee, listed as the first defendant, failed to take due care and diligence in attending to the minor by improper administering of the intravenous (IV) line and failed in their duties of care to apply the proper medical standards in the circumstances, hence leading the minor to suffer pain.
Judge Korir added, “this court cannot turn a blind eye to the scar it saw on the minor’s scalp. Also, a photo taken on November 11, 2013, shows a large unsightly wound covering the better part of the minor’s right side of the head.”
Considering the wound took longer to heal, the ugly scar left and the psychological impact on the plaintiff, the judge stated that Sh500,000 be an ideal award for the general damages in the circumstances of the case.
“I find the defendants entirely liable, jointly and severally, for the injury sustained by the plaintiff. I award the plaintiff general damages of Kshs. 500,000 costs of the suit and interest from the date of judgment till payment in full,” said the judge.