Medic wants Sh0.6m award to patient quashed

By KURIAN MUSA

A medic has asked the court to quash a compensation award of Sh600,000 to patient that was treated at his hospital at Ruai within Nairobi.

Dr Pius Alphonce Owino, who owns the medical facility, wants the court to dismiss the decision by the Medical Practitioners and Dentist Board in awarding the compensation.

According to a suit before Justice David Majanja at Milimani High Court, he says that the board’s decision was subject to one party and he was not given a chance to participate in the proceedings.

Daniel Otieno was on May 31, 2013, diagnosed with pneumonia and chest pains. After treatment, the patient continued to complain of pains and blood clot in his left thumb.

Pain killers

According to the patient, the doctor gave him pain killers and an ointment.

Otieno went back to the facility after the colour of the left thumb changed and pain became unbearable.

He was referred to Kenyatta National Hospital for further treatment.

He chose to go to St. Marys Mission Hospital where it was discovered that the left thumb had gangrened.

“I was advised to be amputated as Dr Pius Owino’s negligence during the initial treatment had necessitated the suffering,” Otieno narrated in an affidavit.

Sought justice

After the treatment, the patient sought justice through a redress by the Medical Practitioners and Dentist Board.

Now Dr Owino s has gone to court seeking a judicial review of the boards’ decision, on grounds that the decision was biased.

Owino told the court that if he were to defend himself, then the board would arrive at a different verdict.

“The decision of the board is punitive and irrational. I was not informed of the date that the full board met and even the preliminary Inquiry Committee findings were not communicated to me before being ratified,” Owino says.

He wants the decision of the board quashed and the due process followed in instigating disciplinary steps.