Hospital to pay Sh1.5m for dose that killed child

This is why Court of Appeal judges Mohammed Warsame, Gatembu Kairu, and Fred Ochieng unanimously agreed that the hospital’s personnel was negligent as a second doctor, who had not seen the patient, directed a change of the prescription.

“The other evidence is that of the appellant’s harrowing experience once the drug was administered on her son. It is noteworthy that the appellant immediately noted, and raised concerns with the nurse, repeatedly, over the colour of the drug. There was negligence on the part of the hospital in administering an overdose, and the hospital is vicariously liable for the negligence of its employees,” the bench headed by Justice Warsame ruled.

The three judges ordered the medical facility to pay the boy’s parents Sh1.59 million as compensation for pain and suffering, loss of expectation of life and damages for lost years.

The case was first filed before High Court Judge Janet Mulwa who dismissed it.

Aggrieved, the father, codenamed SKK, and the mother, BCJ, moved to the Court of Appeal.

In the case, SKK told the court that BCJ called him on November 8, 2008 to inform him that the minor was not cheerful as usual and had a fever.

The court heard that the couple rushed the boy to the hospital where tests were done and he was prescribed anti-malaria tablets and antibiotics.

They all returned home.

The following day, SKK narrated, his child was still not feeling well but continued with medication. He, however, left for Nairobi for work on November 10, 2008.

He said that the minor did not improve, instead, he was vomiting on taking the coloured stuff the nurse said it was an anti-malaria drug.

On November 11, 2008, BCJ returned the boy to the hospital where Vernon  Mochache attended him.

She testified that Dr Mochache interchanged the anti-malaria drugs with a syrup.

She said the boy had improved, but on the 13th, he developed a high fever, which led her to retake him back to the hospital.

The doctor recommended that he be admitted due to the fever. The medicine was this time round administered through the veins.

BCJ said her son showed a lot of improvement when they woke up on November 14. She requested Mochache to discharge them at around 11 am.

Nevertheless, she said the doctor informed her they had to wait until the following day as he was not on duty.

She also testified that she requested the doctor to come to check on the patient’s progress as he was the one who had admitted him.

According to BCJ, the doctor said that any other medic on duty could check on him, but he would see them in the evening.

At around 6.30pm, the court heard, a nurse came with some medicine to administer. However, BCJ asked her as she was preparing to administer whether it was the right one as it was different.

The nurse reassured BCJ that it was the same, albeit differently coloured. The nurse also told her that sometimes doctors change medicine.

At this time, the medical personnel was already administering the drug, which ended up being lethal.

The mother testified that the boy held where the syringe was inserted and was in pain. The nurse, however, brushed off the hand and directed him not to touch it again.

Immediately when the nurse was done, the boy held his stomach and head and informed his mother that he was in pain. He started crying.

BCJ said that the nurse told her that the medicine change was normal and left the boy, who was now vomiting.

The next moment, he started rolling his eyes. This made the mother to panic as she screamed and sought help.

BCJ said that Mochache was called in, and he tried to resuscitate him.

She said that after about 20 minutes, she was told the minor was breathing but on oxygen.

Michael Onyango, a legal assistant at the Medical Practitioners and Dentists Council (KMPDC), told the court that the nurse gave the minor an adult dose of Maxime of 500 mg IV, which contributed to anaphylactic reaction and immediate death.

An anaphylactic reaction is a severe allergic reaction that can spread rapidly and cause death.

Mochache corroborated the testimony despite being among those SKK and BCJ sued.

At the High Court, judge Mulwa said there was no evidence to show that the hospital was negligent.