A lot has been done to protect Kenyans from errant doctors

A 32-year-old woman sought treatment for severe stomach pains at a local hospital, placing her trust in the healthcare system. While the facility was licensed and inspected, lapses in adherence to required medical standards led to a series of preventable errors, resulting in her tragic passing on a week later.

The case was referred to Kenya Medical Practitioners and Dentists Council (KMPDC), which conducted a thorough investigation, holding the hospital accountable for its negligence. This case highlights not only KMPDC’s critical role in ensuring justice but also its ongoing commitment to rigorous oversight and proactive measures to uphold quality healthcare standards and prevent such tragedies

Article 43 of the Constitution of Kenya 2010 enshrines the right of every person to the highest attainable standard of health. It also provides that no person shall be denied emergency medical treatment. These constitutional rights are inalienable and must be respected by all persons and institutions providing medical care and health services in Kenya.

Similarly, the Kenya National Patients’ Rights Charter 2013 recognises multiple rights of patients, including the right to lodge a complaint against a medical practitioner or health facility for any harm done to the patient or failure to abide by the legal and ethical standards required of them.

It is important for Kenyans to know what action they should take in cases such as the one above. The first step is to file a complaint with KMPDC, the government institution mandated to investigate and act upon such incidents. Once the complaint is received, a patient is requested to fill a form detailing the nature of the complaint; where he or she is a minor, the parent or guardian should file the complaint.

Health records

KMPDC through the Disciplinary and Ethics Committee then writes to the doctor or hospital involved informing them of the complaint and requires them to provide the entire file or record of the patient. This is a very important point to note because it means the patient is not prevented from lodging a complaint simply because they do not have the documents or they have been denied access to their health records by the doctor or the hospital. Additionally, KMPDC will require all health personnel involved in attending to the patient to provide a detailed account of what transpired.

Afterward, the file is forwarded to an expert, normally a medical specialist in that area, to review and give their opinion. Sometimes the council may want to hear the parties in person. The disciplinary and ethics committee then evaluates all the evidence presented and arrives at a decision taking into the account the interests of all the parties.

Often, aggrieved patients will come to KMPDC having failed to resolve the matter with the doctor or health facility. Here, the council acts as a quasi-judicial body whose decision is binding on the parties, unless and until appealed in the High Court.

In 2023 alone, KMPDC handled 200 complaints related to negligence and other malpractices by doctors and hospitals. The number of complaints has risen partly due to increased awareness of patients’ rights among Kenyans as a result of public sensitization campaigns. The majority of cases are resolved within 18 months or less.

The courts have upheld 97 per cent of the council’s decisions on appeal. The parties may opt for alternative dispute resolution thus avoiding a protracted process. To protect the public interest, the Kenya National Human Rights Commission is represented in the Disciplinary and Ethics Committee.

Medical malpractice

In addition to dealing with cases of medical malpractice, KMPDC conducts rigorous oversight of the medical profession and state of health facilities in the country.

For anyone to practise as a doctor, dentist or community oral health officer in Kenya they must be registered and licensed by the council. (Note, nurses, clinical officers, pharmacists and other health professionals are regulated by different bodies).

KMPDC’s regulatory mandate extends to the training of doctors, dentists and community oral health officers. Institutions training them must be accredited by the council, which also approves the core teaching curriculum, and which is reviewed every five years for doctors and dentists.

Doctors trained abroad must be cleared by the Council to practise medicine in Kenya.

KMPDC is also legally empowered to inspect all health facilities in Kenya to ensure compliance with the law and stipulated standards of quality healthcare provision, in addition to registering and licensing such institutions. The Council regularly inspects the over 9,600 public and private health facilities in Kenya. The mandatory check list includes physical amenities, equipment, services, human resource and medical waste management.

If a facility has not complied in all of these areas it is shut down. If only a section is non-compliant, that particular section is closed until it complies. Eight per cent of the inspections are impromptu thus capturing the real state of affairs in these institutions at any given time.

However, the biggest challenge remains the high number of unregulated persons and entities offering medical services. For instance, there is a need to rein in the so-called medical spas, some offering illicit cosmetic procedures that have harmed many Kenyans. Poor health seeking behaviors especially among men means that many patients are not diagnosed until it is too late. Ignorance is also a problem, where you find members of the public becoming hostile to the closure of a facility found to have flouted the rules.

Despite challenges, KMPDC has made great strides in streamlining standards, working closely with the Ministry of Health and other State agencies, and stakeholders.

Dr Kariuki is the CEO, Kenya Medical Practitioners and Dentists Council. Email: [email protected]