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High Court Holds Kibuli Hospital Responsible for Newborn’s Death, Awards Mother Shs147 Million

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Kampala, Uganda — The High Court has ordered Kibuli Muslim Hospital and a doctor to pay Shs147.4 million in damages to the mother of a newborn who died after the court found negligence in the care provided at the facility.

Acting High Court Judge Bonny Isaac Teko ruled that the hospital and Dr. Dickens Aturwanaho breached their duty of care to Baby Jibreal Jumah Sewankambo, whose condition deteriorated shortly after birth in October 2018.

The judgment, delivered on July 15, followed a case filed by the baby’s mother, Jaridah Kyofuna, who accused the hospital of failing to provide appropriate medical care during the newborn’s emergency.

The court awarded Kyofuna Shs17.37 million in special damages, Shs100 million in general damages and Shs30 million for loss of expectation of life. The award will also include interest and costs.

According to court records, Kyofuna had attended antenatal care at Kibuli Muslim Hospital before delivering her son through a planned caesarean section.

The baby was initially healthy and breastfeeding normally but later developed breathing difficulties.

The court heard that the mother made several attempts to get medical assistance before the child was eventually admitted to the neonatal unit the following morning.

Doctors later found that the baby had anaemia and low platelet levels, with suspected haemorrhagic disease. An emergency transfusion using the mother’s blood was performed after compatible donor blood was reportedly unavailable.

The child’s condition continued to worsen, and he died on October 9, 2018.

Court Finds Breach of Medical Duty

Justice Teko relied on evidence, including an investigation by the Uganda Medical and Dental Practitioners Council (UMDPC), which highlighted concerns about the treatment provided.

The court found that there had been delays in medical assessment, inadequate investigations, lack of direct specialist review and shortcomings in the emergency transfusion process.

The judge said the failures collectively amounted to a departure from accepted medical practice and contributed to the newborn’s death.

Kibuli Muslim Hospital was held responsible for the conduct of its staff under the principle of vicarious liability.

The ruling has renewed debate about patient safety, accountability and the quality of emergency care in Uganda’s health facilities, especially in cases involving newborns who require urgent medical attention.

The hospital and the doctor involved have the option to appeal the judgment.

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