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Man sues Agha Khan Hospital for allegedly turning him to a specimen

By John Muthoni | Published Mon, June 11th 2018 at 00:00, Updated June 10th 2018 at 23:02 GMT +3
Aga Khan Hospital

In summary

  • Man seeking compensation for infringement of right to privacy
  • The petitioner says a doctor used his genitals to teach female students.

A man has sued a hospital and a doctor for using his genitals to teach female medical students.

The man, referred to by his initials, DK, to protect his privacy, claims he went to Aga Khan Hospital as a patient only for Dr Samnakay Saeed to turn him into a ‘specimen’.

DK says he had sought medical help after experiencing a persistent pain in his genitals.

“In the course of my medical examination, the first respondent (Saeed) requested me to proceed to the examination bed, undress and lie on the bed. While I was still lying on the examination bed, a female walked into the room and proceeded to where I was. A few minutes later, another female was let into the examination room,” High Court judge Wilfrida Okwany was told.

“My assessment of the two females and the conversation they had told me that they were much younger than me; a fact that intensified my mental distress to near panic attack.”

The man said in between his examination, the doctor asked the two students questions.

“I was mentally distressed, which affected my concentration. I had been reduced to a specimen and object of study, subjected to unrestricted and prolonged touching of my reproductive organs."

He added that Saeed recommended that he should return for a follow-up but he never did for fear that he would be subjected to a similar experience.

DK reported the incident at Parklands Police Station but was told that it was more a matter of medical negligence than a criminal act.

Lodged report

After lodging a report with Aga Khan, the hospital's human resource manager summoned him for a hearing during which the doctor was unapologetic.

When DK escalated the matter to the Kenya Medical Practitioners and Dentists Board, the hospital replied that Saeed had apologised for his conduct.

The case proceeded to the board’s preliminary inquiry committee, which concluded that there was no unethical conduct because Aga Khan is a teaching hospital hence students are allowed into patients’ rooms for learning purposes.

But the committee found that the doctor did not seek the patient’s consent to be included in his lesson.

DK is now seeking compensation for infringement of his right to privacy.

“To the extent that the first respondent allowed two females to enter the room while examining the petitioner’s private reproductive organs without informing him and seeking prior consent, his constitutional rights were violated,” the judge heard.

The hospital has been ordered to reply and appear on July 18 for a mention.


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