The Nairobi Hospital.
Nairobi Hospital has been ordered to pay a quantity surveyor Sh200,000 as damages for psychological torture following the displacement of samples taken from him for a test over a decade ago.
High Court judge Jesse Nyagah ruled that Mr John Mwai Mathenge had proved that he suffered psychological and mental torture after the hospital lost his biopsy samples and was forced to undergo another painful procedure, three years later at a different facility.
The judge noted that Mr Mathenge, who is also an advocate, had to be admitted to the hospital and be away from work for the samples to be taken.
Mr Mathenge had explained that the process of extracting the biopsy samples was energy-draining, painful, uncomfortable, and time-consuming.
“It is apparent that the biopsy of the appellant (Mr Mathenge) was mishandled by the employees and or agents of the respondent (Nairobi Hospital) leading to it getting lost. That can only mean that the employees or agents acted without due care,” said the judge.
Mr Mathenge sued the hospital in 2013 after one of the samples taken for the tests was misplaced.
He told the court that he was admitted to the hospital on September 20, 2010, for a medical check-up and for samples to be taken for examination.
However, a day later, his doctor informed him that there was a mix-up and one of the samples had been mixed with that of another patient. The doctor requested him to undergo the fresh procedure, which he declined.
He allegedly declined because he did not want to endure more pain and suffering in the procedure.
Mr Mathenge explained that for the samples to be extracted, he also had to forego food for 24 hours, take lots of water to clean up his system and make frequent visits to the washrooms.
He said he had to undergo another procedure, about three years later at another hospital at a cost of Sh166,428.
He also sought compensation for loss of income of Sh258,893 for the three days he was admitted to the hospital.
The case was first dismissed by a Milimani magistrate and he was forced to appeal.
Nairobi Hospital denied claims of negligence.
According to the hospital, two samples were extracted from Mr Mathenge but only one sample was delivered for testing.
And once the mix-up was noted, he was asked to undergo another procedure, at the hospital’s cost, but he declined.
But Mr Mathenge maintained that the loss and or mix-up of the biopsy samples was a result of professional negligence that can only be attributed to the hospital, its servants or agents.
“The appellant had thereby proved that the respondent owed him a duty of care and that the same was breached by the negligent acts of the respondent`s employees and or agents,” said the judge.
Justice Nyagah, however, rejected the claim for special damages and loss of income saying Mr Mathenge did not prove the same.
The judge said he would have directed the hospital to refund him the money he paid for the tests, had he asked for it.
