'Body by Design' case: Court orders KMPDC to file evidence against clinic
A judge has ordered the Kenya Medical Practitioners and Dentists Council (KMPDC) to file evidence in a suit by a medical facility it has closed down following the death of a woman after a body contouring procedure last month.
Justice John Chigiti, who certified as urgent the case filed by Omnicare Medical, on Tuesday directed KPMDC to file its evidence within seven days.
“Having read the case filed by Omnicare Medical (Body by Design) through lawyer Danstan Omari, I find the case has merit and hereby direct KMPDC to file its evidence within seven days,” Justice Chigiti ordered.
He further directed KMPDC to serve its evidence to Omnicare Medical (Body by Design) facility to respond to the issues it will have raised.
The judge fixed the case to be mentioned December 4, 2024 for further directions.
Omnicare Medical, which filed the case on October 31, wants the court to prohibit KMPDB from closing down its operations.
Omnicare claims its establishment within Nairobi County was closed by KMPDC without a proper notice.
In the case by filed Mr Omari, Omnicare claims that it carried out a medical procedure known as Liposuction on the deceased woman on October 16, 2024 but later passed on in another city hospital while undergoing treatment 10 days later.
Liposuction is a type of surgery wherein fat from specific areas of the body, such as the stomach, hips, thighs, buttocks, arms or neck is removed. Liposuction also shapes these areas.That process is also called contouring.
Omnicare is, therefore, asking the High Court to intervene and issue orders prohibiting KMPDBC from closing it down.
The lawyer is pressing for the cancellation of the closure notice pinned at the entrance of the medical facility, arguing that it contravenes its rights to do business and discharge services to its clients.
In the evidence filed at the High Court, Omnicare Medical says it carries out contouring on its clients and has highly qualified personnel.
It claims that it conducted a successful liposuction on the woman who later died on October 26, at a different health facility.
The woman was admitted at the facility on October 16, after a series of tests had been carried out.
Prior to October 16, other tests had been carried on her at another leading city healthy facility.
“The patient was declared fit for the medical procedure and the same was done,” the pleadings filed in court states.
Further evidence reveals that the woman was scheduled to be discharged on October 17, but requested to stay for one more day and left on October 18.
The court has been told the woman complained of chest pains and was attended to by doctors and nurses at the same facility (Omnicare) within Nairobi City.
She left the health facility on October 22, but passed on later while undergoing treatment in another city health facility.
A postmortem was conducted on October 29, in the presence of a doctor from Omnicare.
“That there is apprehension that the death might be attributed to the applicant (Omnicare Medical) even though there is no official postmortem results that have been shared with it,” Omari states in the case.
The court heard that on October 31, KMPDC wrote to Omnicare requesting the patient’s information and academic credentials of the facility staff who attended to the deceased woman.
It claims goons barricaded the applicants’ offices threatening to burn it down.
The health facility is apprehensive that there is a move to close it down although it claims it has employed competent health personnel.
Omnicare is begging the court to salvage its business, saying it has employed a large number of workers who risk losing their jobs if the health facility is close down.
Omnicare has named KMPDC, Ministry of Health and Nairobi County Director of Health as respondents.
