Health or harm? Denied care, kicked out for choosing female doctor
A woman who has been denied treatment and eventually kicked out of hospital for choosing a female doctor.
What you need to know:
- Agnes’s right to healthcare and dignity was violated after hospital denied her a female doctor.
- Hospitals must respect patients' gendered trauma history; denying treatment is a constitutional rights violation.
Dear Vivian,
I recently went to hospital to see a gynaecologist, but I was directed to a male doctor. Due to a past experience where I was sexually harassed by a male doctor, I asked to be seen by a female doctor instead. When I insisted, I was denied treatment and eventually kicked out of the hospital. Were my rights violated?
Agnes Nyambuto,
Kisii
Dear Agnes,
As a starting point, every person in Kenya is entitled to dignity under the Constitution. When you sought treatment and simply asked to be attended to by a female doctor, you were exercising your right to bodily autonomy, dignity, and personal security. Your request was, therefore, not unreasonable. The hospital's refusal to accommodate it, followed by the denial of treatment and removal from the premises, was a violation of these fundamental rights.
The right to the highest attainable standard of health, including reproductive healthcare, is guaranteed under Article 43 of the Constitution. Public health institutions, being state actors, have an obligation to provide services without discrimination, and in a manner that respects patient preferences where possible, particularly in sensitive cases like gynaecological care. The Health Act, 2017, and the Patients’ Rights Charter both reinforce these obligations by emphasising a patient's right to privacy, dignity, and participation in decisions regarding their treatment.
Read more: When your doctor crosses the line
There is also a clear link between your experience and the right to equality and freedom from discrimination, which is protected under Article 27 of the Constitution. Your request for a female doctor was rooted in the need for psychological safety following past sexual harassment. Refusing to accommodate that legitimate need and subsequently denying you medical services created a discriminatory barrier to accessing essential healthcare. Discrimination does not always have to be explicit to be harmful. Failure to reasonably accommodate your needs amounted to indirect discrimination based on your gender and personal history.
The courts have been clear that health institutions must respect and uphold constitutional rights. The High Court has previously found that detaining a woman after childbirth over unpaid hospital bills violated her rights to dignity, freedom, and access to healthcare. While your facts are different, the principle remains the same: Hospitals must treat patients with dignity and cannot use administrative or logistical excuses to trample on constitutional rights. Similarly, the court has reaffirmed that failure by institutions to respond appropriately to the needs of vulnerable persons, particularly survivors of sexual violence, constitutes a serious violation of rights.
You have grounds to seek justice. You may file a complaint with the Kenya Medical Practitioners and Dentists Council for professional misconduct and violation of patient rights. You could also explore filing a constitutional petition to seek declaratory orders that your rights were violated and pursue compensation. Lastly, engaging institutions like the Kenya National Commission on Human Rights could offer additional pathways for redress.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
