[1999] KEHC 115 (KLR)
The court found that the plaintiff was admitted to Kenyatta National Hospital, underwent a caesarean section, and subsequently suffered blisters and burns on her legs. No explanation was provided by the defendants for these injuries, and the only medical evidence (P3 form) confirmed the injuries. Applying the...
Source-derived case information.
- Citation
- [1999] KEHC 115 (KLR)
- Parties
- Plaintiff: Jane Wangari Mutune; Defendant: Attorney General & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1154 of 1990
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff; damages awarded for pain, suffering, and loss of amenities.
- Legal Topics
- Medical Negligence, Res Ipsa Loquitor, Personal Injury, Hospital Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wangari Mutune
Plaintiff
Attorney General & Another
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were negligent in causing injury to the plaintiff during her admission and caesarean delivery at Kenyatta National Hospital.
- 2 Whether the doctrine of res ipsa loquitor applies to the circumstances of the plaintiff's injuries.
- 3 What is the appropriate quantum of damages for the injuries sustained by the plaintiff.
Ratio Decidendi
The court found that the plaintiff was admitted to Kenyatta National Hospital, underwent a caesarean section, and subsequently suffered blisters and burns on her legs. No explanation was provided by the defendants for these injuries, and the only medical evidence (P3 form) confirmed the injuries. Applying the doctrine of res ipsa loquitor, the court inferred negligence on the part of the defendants, as the injuries occurred while the plaintiff was under their care and control. The court determined that the injuries were superficial and had healed over time. Considering comparable awards and the evidence presented, the court awarded Ksh.50,000 for pain, suffering, and loss of amenities,...
Court Disposition
Judgment for the plaintiff; damages awarded for pain, suffering, and loss of amenities.
Orders
- The plaintiff is awarded Ksh.50,000 for pain, suffering, and loss of amenities.
- The plaintiff is awarded costs of the suit and interest at court rates from the date of judgment.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 1154 OF 1990
JANE WANGARI MUTUNE ........................................ PLAINTIFF
VERSUS
ATTORNEY GENERAL & ANO ............................... DEFENDANT
JUDGMENT
The Plaintiff sued the Attorney for General Damages, for injuries caused on her whilst in hospital.
Exactly fourteen years ago, the plaintiff was expectant. She was admitted to the Kenyatta National Hospital on the 14. 7.87 and delivered a child by caesarean birth on the 20. 7.97.
She later found that she has sustained blisters on her legs.
She could not tell how this came about.
She nonetheless filed suit on 6. 5.90 and relied on the doctrine of“Res Ipsa Loquitor”.
The advocate for the state called no evidence. She did say that negligence as pleaded was never proved. I am satisfied that the plaintiff had been admitted to the Kenyatta National Hospital. That she underwent a Caesarean delivery. That soon thereafter felt and saw the effects of her burnt legs.
No explanation for this was given to her.
I find that the defendants are hereby liable in negligence for the plaintiffs injury.
As to quantum the advocate for the plaintiff stated hat due to inflation an award of Ksh.400,000/- be awarded.
The advocate for the defendant relied on the case of
Pope John’s hospital & Another V Karozi
Hccc 2974 EA 22
whereby it was led that the doctrine of Res Ipsa loquitor cannot apply to a mistake or error of jdugment of a surgeon during a difficult operation.
She recommended a sum of Ksh.50,000/- or Ksh.30,000/- for similar awards.
I find that the plaintiff had shown her injuries so sustained were superficial blisters formed left leg wounds. That they have been healed almost ten years later.
The P3 form- the only medical evidence produced and put in by consent by the plaintiff indicated the injuries sustained was “har......”
I would therefore agree that a reasonable award for pain, suffering and Loss of Amenities be and is hereby awarded as Ksh.50,000/-.
I award costs of this suit and interest from the day of recording this judgement at court rates.
I make no award on special Damages it had not been proved.
Dated this 7th day of May, 1999 at Nairobi.
M.A. ANG’AWA
JUDGE