Doctor fights cancellation of licence over death of patient

A foreign doctor accused of causing the death of a woman during a botched birth operation three years ago has moved to court to challenge the cancellation of his practicing license.

Joseph Omeonga Djemba, from the Democratic Republic of Congo, sued the Kenya Medical Practitioners and Dentists Board for cancelling his practicing license on May 26 over the unfortunate April 8, 2013 incident.

Through lawyer Wilfred Mutubwa, Dr Djemba claimed that he discharged his duties accordingly and that Mary Njeri Gichuru merely died due to sudden uterine rapture as well as massive bleeding occasioned by circumstances beyond his control.

He instead accused the board of issuing its verdict without affording him a hearing on what transpired on the fateful day following a complaint on negligence by Mrs Gichuru's husband, Joshua Gichuru Gathii.

And as a result of the board’s verdict, the hospital he worked for, Fatima Maternity Hospital — a Catholic institution located in Nairobi’s Ongata Rongai — sacked him.

“Dr Djemba has been rendered jobless without any other source of income. Together with his family, they have suffered humiliation and untold mental anguish. Unless this matter is heard urgently, they stand to be prejudiced irreparably,” Mr Mutubwa said.

According to the University of Lubumbashi medicine graduate, he had recommended that Mrs Gichuru required an emergency caesarean section.

But just before the operation, she became restless and also appeared shocked but was rushed to theatre.

Unfortunately, she succumbed to cardiopulmonary arrest while being resuscitated as soon as the operation had been done.

Dr Djemba alleged that he removed the stillborn baby in a bid to save Mrs Gichuru's life but her uterus was destroyed beyond repair.

He claimed that the hospital administrator asked him to compile a report of what had transpired but the board relied on a factually incorrect post-mortem report done by a pathologist known only to the family of the deceased.

He argued that the verdict was therefore tainted with procedural impropriety, prejudice and is therefore unlawful.

He also alleged that the public health and sanitation officials who inspected the hospital following the death did not cite negligence on his part.

He now wants the High Court to temporarily stop implementation of the board’s verdict against him and the hospital.

In the verdict, besides cancelling his license, the board ruled that the hospital had failed to put up adequate patient monitoring systems and must pay Sh100,000 in compensation to the family of the deceased.

The health regulatory body was also asked to inspect the hospital, which was also ordered to present a list of its professional health employees.