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"id": 1013951,
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"speaker_name": "Sen. Seneta",
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"speaker": {
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"legal_name": "Mary Yiane Senata",
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"content": "Senate Standing Committee on Health regarding the death of Ms. Virginia M. Assaf allegedly as a result of negligence occasioned by staff at the M.P. Shah Hospital on 26th May, 2020. The Statement sought to have the Standing Committee on Health investigate whether contrary to Article 43(1)(a) of the Constitution and Section 7 of the Health Act, M.P. Shah Hospital caused the untimely death of the late Ms. Virginia Assaf by putting commercial interest before her wellbeing. In carrying out its investigation, the Committee on health held meetings with members of the family of the deceased patient, the Ministry of Health, the Kenya Medical Practitioners and Dentists Council (KMPDC), the management of M.P. Shah Hospital and the National Hospital Insurance Fund (NHIF). The meetings were aimed at clarifying the circumstances that led to the death pf the patient as well as understanding the broader legal policy regulatory and structural factors that may have contributed to her unfortunate and untimely death. The Committee further resolved to refer the case to KMPDC on 17th June, 2020 with a view towards establishing the following- (a) The status of the rules and regulations pertaining to the provisions of emergency medical care in line with Section 112 (1) of the Health Act, 2017. (b) The implications of M.P. Shah Hospital’s treatment of the late Virginia M. Assaf in relation to the current Constitutional and legal provisions guiding the provisions of emergency care in Kenya, particularly Article 43(2) of the Constitution and Sections 7, 12, 2(b) and 91 (1)(b) of the Health Act 2017. (c) Relevant information on the gaps, issues and challenges pertaining to the provision and regulations of emergency health care services. Mr. Speaker, Sir, Article 43(2) of the Constitution and Section 7(1) of the Health Act, 2017, guarantees every person the right to emergency medical treatment. Section 91(b) of the Health Act further obligates all private institutions and private health workers to provide emergency services in the field of expertise as required or requested either by individuals, population groups or institutions without regards to the prospects, or otherwise of direct financial reimbursement. Mr. Speaker, Sir, in the course of its investigation, the Committee found that at the time of presenting at the hospital the late Ms. Virginia Assaf was conscious and stable as evidenced by the fact that she could communicate and made a payment of Kshs9,000 for her treatment via Mpesa at 4.51a.m. The Committee further found that the medical officer on duty who first attended to the patient correctly and promptly diagnosed the patient with acute ST-Elevation Myocardial Infarction (STEMI) with late presentation in consultation with the hospital cardiologist. Based on the patient’s diagnosis, according to the established emergency medicine guidelines and protocols, the appropriate givinence emergency treatment that the patient ought to have received was a Percutaneous Coronary intervention (PCI), and a coronary angiogram, within 30 minutes of arrival at the hospital. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}