If the Doctor is Wrong

Recently, TV must have missed to say, ‘The pictures we are about to show may be disturbing  … .’ or is it that citizens have matured to the capacity of handling emotional disquieting information unlike  the case has been. Before I knew it, the camera had zeroed in on a mother who gently unwrapped her baby’s shawl and held out a dark limp lifeless arm said to be a victim of gangrene.

Allegedly, the gangrene was as a result of negligence by the doctors attending to the baby. It was purported that the condition could have been curbed way in advance before it came to costing the baby the whole arm, which ended up being amputated.

I have related that to an acquaintance’s case whose 15-month-old baby’s cerebral palsy is linked to medical mishandling during labour; and to a friend’s sister who died on the delivery table while in labour. Again fingers pointed to medical mishandling. And the list goes on. Shivers aside, all these news affected me-in the positive way, I suppose. They have made me want to help-from whichever position.

The norm has been: some heckles by wananchi via the media immediately after the news has been thrown to the limelight. Then, after moving in circles while trying to chase the culprits for right of compensation, the complainants resign to fatigue and the noise calling for justice gradually dies a natural death. So the victim’s relatives get back to business as usual and say, ‘ … lakini, Mungu halali (Well, God does not sleep).

Grace Kimani, a lawyer and Deputy Executive Director of the Federation of Women Lawyers in Kenya (FIDA Kenya) agrees that the procedure of bringing the careless doctors to book is more-often-than-not too expensive time-wise, energy-wise and. surely money-wise. She explains that unlike other professions. the doctors’ field is such a small community making it complicated for them to testify against each other. Ms Kimani, however, maintains that simply throwing in the towel does not help anyone. She says it only paves way for that irresponsible medical practitioner to move towards another unsuspecting victim.

The first step, according to the FIDA Lawyer, is to report the case to the Medical Practitioners and Dentists Board. All medical practitioners and dentists are registered members of the Medical Practitioners and Dentists Association, which is governed by The Kenya Medical Practitioners and Dentists Board. This Board is charged with the duty to monitor the conduct of the medical practitioners, investigate and take disciplinary action’ against them in the event of alleged professional negligence.

The Medical Practitioners and Dentist Act Cap 253 at Section 20, provides that the Board will institute an inquiry where the accused professional will be allowed an opportunity to defend himself either in person or through an advocate. After the inquiry, after examining all relevant documents, and listening to all testimonies of relevant witnesses and experts, the Board may exercise its power to remove an individual from the register of Medical Practitioners and Dentists in Kenya. This, therefore, means that the main avenue of-legally-leveling out the situation for a woman who has been mishandled or misdiagnosed by her doctor is to lodge a complaint to the Board. The doctor in question may not only be deregistered but denied the chance to practice medicine for a specified period too.

A victim of medical misconduct may also (as complicated as it may be) lodge a criminal case against the errant medical practitioner that states that, any person who unlawfully does anything wrong, or does not do what is right as his duty deems, is guilty of misconduct and is liable for six months imprisonment.

The latter position may change depending on the gravity of the injuries or damages suffered by the patient. If the result of the doctor’s carelessness is so serious as to deny the patient a chance to a meaningful life, then the doctor may be charged with a more serious offence like manslaughter. If she wishes to seek damages for the injuries she has suffered, then she can make claims for damages in court. In this case, the court can estimate a financial award which the court feels will adequately compensate her for the injuries she claims-although not fully.

The FIDA Deputy Executive Director advises that you should never be scared of seeking a second opinion or approaching a lawyer to find out how you can put your complaint across.

Ms Kimani also highlights that you should never feel like the doctor is doing you favour whenever he is treating you regardless of which hospital you are in. It is your right to ask and receive well explained answers to your questions. She categorically states that you should be aware of the basics of medicine too; from questions and clarifications which you can get from both doctors and nurses. For example, you should know that pro-longed labour may cause the baby to go into distress and you may put your life at risk. In this regard, should you find yourself in such a scenario, see to it that the doctor attending to you is aware of the amount of time you have been in labour. The other example is, it is your right to know for how long you are going to be put under anesthesia, so that should the time go beyond the required, your relatives can inquire into the situation.

Go ahead and ask for proper medical attention and information unapologetically. And if the doctor is negligent, you know just what to do.

END: PG  20/70-71