Reprieve for victims of medical negligence

By LILIAN ALUANGA-DELVAUX

Kenya: At least 41 complaints of medical negligence have been lodged at Kenya Medical Practitioners and Dentists Board in the past four months.

According to the board’s CEO Mr Daniel Yumbya, the board, had, as at 31 March 2014, recorded 742 complaints. This accounts for the number of complaints received since 2000. Of the total number of cases, 682 have already been determined.

While the cases of medical negligence have raised concern in the recent past, Yumbya says that a review of regulations under the Kenya Medical Practitioners and Dentist Act provides stiffer penalties to those found guilty of medical malpractice.

Under the regulations published in the Kenya Gazette dated 20 December 2013, aggrieved parties also have a chance at mediation with practitioners found culpable in cases of medical negligence.

The Medical Practitioners and Dentists (Disciplinary proceedings) (procedure) (Amendment) Rules 2013, provides for a Preliminary Inquiry Committee which is expected to conduct inquiries into the complaints submitted to it, and make appropriate recommendations to the Board.

It is also mandated to promote mediation and arbitration between the parties and refer matters to such mediator or arbitrator as the parties may in writing agree, and at its own liberty, record and adopt mediation agreements or compromise between the parties on the terms agreed.

Amended rules

“Under the amended rules, the board will have powers to constitute a mediation panel where doctors can sit with aggrieved parties and agree on compensation,” says Yumbya.

According to the rules, the Preliminary Inquiry Committee, shall, in consultation with the board have the power to levy reasonable costs of the proceedings from parties, make an order compelling a medical practitioner or dentist to undergo continuous professional development, as well as suspend the license of a medical institution for a period of not more than six months.

Yumbya says it is important for the public to understand that the board doesn’t offer compensation to complainants and as a result clients are advised to seek compensation through the courts.

He says while records in their possession do not indicate whether the case mentioned in the earlier story had been lodged with the board, it has handled several cases from the same hospital and ordered the institution to enter into mediation with complainants.