By Pamela Chepkemei
Nairobi, Kenya: A woman whose child suffered brain damage during surgery has asked a court to compel the hospital to disclose the anaesthetist involved in the botched operation.
Ms Phoebe Atieno has sued Kikuyu Hospital and Dr John King’ori seeking Sh4 million compensation. She recounted that she took her sick boy, 4, to the hospital to have his legs rectified but the operation was unsuccessful. Through lawyer Benson Mbuthia, she asked High Court Judge Hatari Waweru to force the hospital to name the anaesthetist so that she can amend her plaint.
Ms Atieno wants to include the name of the anaesthetist as one of the respondents.
She accuses the hospital of refusing to produce the entire medical report of her son from the time he was admitted to the time he was discharged from hospital.
Mr Mbuthia told the court that the hospital decided to suppress the anaesthetist’s name in all documents, which they have filed in court.
The lawyer argued that Atieno is entitled to be given the name of the anaesthetist. But the lawyer acting for the hospital told the court that the section can only be invoked in constitutional petitions.
Negligence
He opposed the application for the disclosure of the name saying that the hospital should not be forced to assist the applicant in her case.
The lawyer added the documents being sought have been in possession of the applicant for along.
The judge will on July 26 decide whether the hospital should disclose the name.
Atieno accuses employees of the hospital who handled her son in the operating theatre of negligence. She claims her son was taken to theatre where he suffered cardiac arrest after anaesthetic drugs were administered to him.