Medical Board Reprimands Coptic Hospital for the Death of Alex Madaga

On 21 December 2016, the Professional Conduct Committee of the Kenya Medical Practitioners and Dentist Board found Coptic hospital liable for failing to relay the necessary information to Alex Madaga’s family that would allow them to make an informed decision pertaining to his treatment.  In its Ruling, delivered by Dr Bernard Muia, the Committee specifically reprimanded Coptic hospital for the failure by its staff to assess Alex Madaga on arrival at the hospital and to communicate appropriately to his relatives on the issue of deposit payment.

Coptic was also faulted for lack of an appropriate emergency response system and for failing to adhere to its own Intensive Care Unit Admission and Referral Protocol. The Committee however maintained that despite these inadequacies, the hospital was not liable for failing to provide emergency medical treatment (as required in Article 43(2) of the Constitution) because Alex Madaga had previously received treatment at PCEA Kikuyu Hospital and was in a stable condition. In particular, the Committee reasoned that the need for management in ICU did not qualify as emergency treatment.

The Committee took a similar position when interrogating Kenyatta Hospital’s liability in this case and ruled that the hospital did not violate the Constitution’s Article 43(2) on emergency treatment because Alex Madaga was not in need of it at the time he was presented at the institution. The Committee however reprimanded Kenyatta Hospital for failing to avail a medical specialist to assess Madaga’s condition and relay the prognosis to the family and other relevant authorities.

In its overall orders, the Professional Conduct Committee consequently:

1. Reprimanded Coptic Hospital for its failure to assess Alex Madaga and provide the family with timely and accurate information pertaining to his treatment and care;
2. Directed Coptic Hospital to put in place structures that ensure continuous training of its staff on customer care;
3. Directed the Kenya Medical Practitioners Board to liaise with the Ministry of Health for the development of policies and guidelines that regulate payment of emergency medical treatment and referral of emergency cases; and
4. Directed that the Medical Board, Ministry of Health together with other stakeholders develop and disseminate regulations for the licensing and operation of ambulance services within 90 days.

A copy of the judgment can be found here.

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