Patients turn the heat on negligent medics

More Kenyans are suing healthcare providers for medical malpractices than before, doctors have revealed.

The trend has taken an upward swing in the last five years but doctors assured Kenyans that the standards of practice of medicine in the country is still commendable.

Medical malpractice- commonly known as ‘Medmal’- is professional negligence by an act of omission on the part of a doctor.

Statistical analysis of complaints brought forward to the Kenya Medical Practitioners and Dentists Board (KMPDB) and Kenya Medical association (KMA) indicated that in the last five years alone, 742 cases were reported, and the number could be more as some are settled out of court.

The aforementioned data was revealed at the 42nd Kenya Medical Association Scientific Conference that was held in Kilifi last week.

Private hospitals and clinics are responsible for the bulk of alleged and reported malpractice - accounting for 70 percent of the cases while government hospitals account for 16 percent.

Obstetric/gynecological field posted the highest number of malpractice at 27 percent, as financial complaints - touching mainly on overcharge comes second at 16 percent.

Other reasons for litigation against ‘Medmal’ included withholding patients data (4 percent), surgical problems (12) and failure to refer (2).

While acknowledging that the cases have increased, KMA chairman Elly Nyaim attributed it to more enlightenment on the part of patients.

“We are treating patients who have more access to information. By the time they walk into the office, they already have an idea of what they are suffering from,” he said.

Professor George Magoha, the KMPDB chairman, advised doctors to take professional indemnity insurance and also strive to live up to their Hippocratic Oath.

“Do not be too proud to ask for a second opinion, and abuse the professional confidence that your patients have in you…some of you give instructions over the phone about very critical cases,” Prof Magoha said.

Prof Kiama Wangai, a doctor-lawyer who specializes in ‘Medmal’ said cases have risen because more people are demanding for quality healthcare that they are entitled to in the constitution.

In October 2013, the ministry of health launched the Kenya National Patients Rights Chapter which has empowered patients to complain about injustices committed against them by medical practitioners.