Three years ago, Mary Waringa gave birth to twins, each weighing about 970 grams. The twins were delivered at AIC Kijabe Hospital in Kiambu County, at 27 weeks.
Shortly after delivery, one of the babies died.
Mary’s husband, Sospeter Kamau Waweru, has now sued the hospital alleging that doctors failed to conduct mandatory screenings that would have saved the surviving tot’s eyesight.
Mr Kamau has told the court that early this year, he took his son to Kiambu Level 5 Hospital for a comprehensive assessment of his visual impairment, where doctors diagnosed him with bilateral Retinopathy of Prematurity (ROP), which confirmed permanent blindness.
Mr Kamau says that on July 10, 2023 he accompanied his wife to the hospital for medical attention, at which point doctors made the decision to deliver the twins in a bid to save their lives.
Mr Kamau has told the court that the infant weighed approximately 970 grams and remained a high-risk infant requiring specialised neonatal monitoring and management.
The main entrance to Kijabe Mission Hospital in Kiambu County.
Photo credit: File | Nation Media Group
Mr Kamau argues that by virtue of the minor’s gestational age and birthweight, he fell within the category of infants requiring mandatory Retinopathy of Prematurity (ROP) screening pursuant to the Ministry of Health guidelines implemented in 2018.
That ROP screening is specific to eyes, for premature or low-birth-weight babies. The screening checks for abnormal blood vessel growth in the retina and prevents permanent vision loss.
Mr Kamau argues that Ministry of Health guidelines in Kenya require all premature infants born at or below the 32-week gestation period to undergo that screening, and that the doctors at AIC Kijabe Hospital failed in their duty.
Mr Kamau has now claimed that as a consequence of aforesaid omissions and breaches of duty, the minor was deprived of the opportunity for timely screening, diagnosis, monitoring, and treatment, exposing him to a foreseeable and preventable risk of serious visual impairment and permanent loss of vision.
“It is noteworthy that during the course of the treatment, the defendant (AIC Kijabe Hospital) arranged for the minor to be reviewed by a cardiologist as part of the precautionary and routine medical assessment necessitated by the minor’s prematurity. The cardiology review was undertaken as a preventive measure to evaluate the minor’s cardiac health and to exclude any potential complications commonly associated with premature birth,” Mr Kamau says in court papers.
“At the time of review, the minor had not developed any cardiac complications, and the examination was not prompted by any diagnosed heart condition or emergent cardiac concerns. However, despite the minor being highly at Risk of ROP, the defendant failed and or neglected to undertake similar specialist intervention. The plaintiff avers he was ready, willing, and able to cater for the costs of any specialist ophthalmological review or screening had the same been recommended or advised by the defendant,” Mr Kamau adds.
The hospital has not filed a response to the suit. The case is set for mention on November 16 at the Kiambu Law Courts.
AIC Kijabe Hospital.
Photo credit: File | Nation
“Had the defendant and their staff taken precautionary measures and intervention including screening, monitoring, and timely referral in accordance with the applicable standard of care established by the national guidelines, the condition would probably have been prevented, arrested, treated or substantially mitigated,” Mr Kamau says.
Mr Kamau says that he served the hospital with a demand letter seeking the facility to take responsibility for the alleged failure and to compensate the family. The hospital, Mr Kamau adds, ignored the demand letter.
The compensation, he holds, is intended to cater for the loss of independence and the diminished quality of life that the child will undergo all through to adulthood.
He wants the court to compel the hospital to pay general damages for pain and suffering that has resulted in permanent disability, general damages for the loss of future earning capacity and an award for future medical expenses, future rehabilitation costs, specialised educational expenses, assistive technology devices, caregiver expenses and all other future care costs necessitated by the minor’s permanent disability.
