Court awards baby Sh9.9m after hospital negligence led to arm amputation

An 11-month-old baby had his right arm amputated after a tourniquet was left tied for 24 hours at Wesu Sub-County Hospital in Wundanyi, Taita Taveta County, causing the limb to develop gangrene.

JM’s mother told the court that his son was born through a normal delivery without any defect or sickness.

However, it is not clear what caused the doctors to place a tourniquet on the baby’s right arm, leading to the negligence that caused it to be amputated.

According to an expert medical report from Dr Ajoni Adede, with 36 years of experience, the forgotten band after the tourniquet was applied on the minor JM’ right armpit area was medical negligence.

Dr Adede told Mariakani Principal Magistrate Tobiko Sinkiyian that the injury had left the minor with a 50 per cent permanent partial disability as a result of his right limb being amputated at barely 11months of age.

Dr Adede said the strap was tied in the area to temporarily obstruct the flow of blood for an intravenous cannula insertion, and was forgotten for over 24 hours on the arm.

“The tourniquet carelessly left untied for 24 hours must have occasioned the minor untold pain, the trauma of which only time will reveal. Physically, the limb was swollen, darkened and it lost pulse due to tourniquet blood obstruction on the upper right limb; dry gangrene developed and treatment under inpatient care was long,” said Dr Adede.

He said the tourniquet was applied at Wesu Sub-County Hospital before the child was transferred to Moi County Referral Hospital in Voi and later to Coast General Hospital (CGH) in Mombasa where he underwent an amputation.

According to Dr Adede, the diagnosis at CGH recommended that the elbow amputation to be done given the dry gangrene developed on that limb. 

He confirmed that JM who was born on January 21, 2024, was admitted at Wesu Sub-County Hospital for seven days before his transfer to Moi County Referral Hospital in Voi for a day.

In her verdict, Sinkiyian said the nurses and doctors at Wesu Sub-County Hospital were negligent.

The magistrate observed that other than the pain of the injury, the minor also suffered the pain of enduring treatment necessitated by the avoidable mistake of the medics.

Sinkiyian said that JM’s mother had proved her case of negligence against the hospital, Ministry of Health and Taita Taveta county government.

“The attending doctors/nurses at Wesu Sub-County hospital were negligent in their failure to remove the band after the tourniquet was applied on January 21, 2024, on the newborn’s axilla (armpit), cannula insertion done,” said Sinkiyian.

The magistrate said that leaving a strap on a newborn for 24 hours is an act not capable of explanation other than that the attending nurse and doctor were careless in the manner they cared for the minor.

“The standard of care the hospital employed in the care of the minor was negligent. The attending doctors/nurse breached duty of care and as a result of the breach the minor suffered immensely,” said Sinkiyian.

She proceeded to award the minor Sh9,898,000 as damages for pain suffered and future medical expenses.

JM’s mother had asked for Sh29,280,000, but the court said despite her claim not being unfounded, it was limited to award Sh10 million.

“The awards sought by the plaintiff are therefore not unfounded in the circumstances of this case and considering the relevant authorities cited. However, this court cannot make an award exceeding this court’s pecuniary limit under the Magistrates Court Act 2015, for Principal Magistrate Sh10,000,000,” said Sinkiyian.

The magistrate awarded JM special damages of Sh2,000 that will continue to earn interest from January 30, 2025, until the suit is paid in full.

Also, she awarded special damages of Sh2,000 to earn interest from January 30, 2025, date of suit, until paid in full.

“Judgment is entered in favour of the plaintiff (JM) against the defendants jointly and severally for general damages for pain, suffering and loss of amenities sh.4,000,000, reduced earning capacity Sh1,898,000 and future medical expenses Sh4,000,000 shall earn interest at court rates from the date of the judgment until paid in full,” said Sinkiyian.

The court, upon a doctor’s recommendation, directed JM’s mother to consider registering the minor as a person living with disabilities with the relevant body to give him such opportunities taking into account his state.

In the said suit, Wesu Sub-County, the Ministry of Health and Taita Taveta County did not file any defense despite being served.