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SO & JM v. Nathan M. Murugu, Lucy Muchiri, Bessie Byakika, Nairobi Hospital, AAR Health Services & Medical Practictioners and Dentist Board

(2019) JELR 94364 (CA)

Court of Appeal  •  Civil Appeal 252 of 2015  •  7 Jun 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This dispute arises from an unfortunate medical procedure in which, believing that the 2nd appellant had invasive cancer of the cervix, the 1st respondent conducted on her a surgery and removed not only her cervix but also her uterus, fallopian tubes and ovaries. Although according to the respondents the surgery was properly carried out, the loss of the organs was negligent as a result of misdiagnosis.

The appellants filed a complaint against the respondents with the Medical Practitioners and Dentists Board (the 7th respondent). Through its Preliminary Inquiry Committee, the 7th respondent exonerated the rest of the respondents from any blame.

Aggrieved, the appellants, who are a married couple moved to the High Court on 13th October, 2010 by a plaint against the respondents in their capacities as either medical practitioners, health service providers or medical practice regulator. The appellants alleged that the respondents were guilty of negligence and prayed for …

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