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{
"id": 1567439,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567439/?format=api",
"text_counter": 466,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "The Kenya Medical Practitioners and Dentists Council (KMPDC) did not even order for remedial courses. I expected the Senate Standing Committee on Health to recommend remedial courses. God forbid, how many patients have gone through their hands and had negligence as this? They were even supposed to suspend the license of these doctors and medical team, including the nurses. They should have even given penalties and fines. Under Section 20 of Medical Practitioners and Dentists Act, Cap. 253, which was revised in 2019, there must be a proper penalty. I know, Sen. (Dr.) Boni Khalwale understands this. We should have had a fine against this medical team. One is caution and another one is reprimand. I expected a probation. They should have done a probation, for this medical team, including the team leader, Dr. Ondigo and company. They should have been taken for probation for six months, for remedial courses, also be supervised by the KMPDC, so that we are certain. If today this Report is public, if today a patient is supposed to go through a procedure of by a team led by Dr. Ondigo, do you still have the confidence that the procedure will be successful? So, the reading of Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, is clear on disciplinary. I would have expected that this should have been done. Mr. Deputy Speaker, Sir, the third recommendation speaks to establishing clear protocols of surgical procedure. I agree that they must be clear. I am told in the second operation, there was no consent from the family or guardian. They did the second operation without the consent of the family. This is a clear violation and medical negligence. How can you perform a procedure without the consent of the guardian or the family? The law is clear. That is why I am saying Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, should have come heavy and ensure that there was at least proper punishment. However, by saying disciplinary procedures to be reviewed, investigate professional conduct, it means that after the disciplinary action, the only recourse is that after 30 days you can appeal at the High Court, as per the law. On issues of surgical medical procedure, therefore, it must be followed, so that we ensure that critical medical procedures are all taken care of. This medical negligence of Annita should be the last one. You saw Dr. Chacha who was a doctor at the Kenyatta National Hospital, but he could not be treated because he did not have money, yet he was a doctor working in the same hospital. When you look at patient advocacy, I disagree with this recommendation. You cannot tell us that in regards to the patient advocacy, Moi Teaching and Referral Hospital (MTRH) should have been the one to advocate for the rights of the victim, yet we know this is a conflict of interest. How do you expect patient advocacy within to support? Mr. Deputy Speaker, Sir, I agree with the recommendations of this Motion and report. However, in the future, I would like to appeal to the KMPDC to come back and ensure that they arrest the rising cases of criminal medical negligence in our facilities. We are losing many mothers during Caesarean Section (C-section) procedures in most of our facilities. When a mother goes to give birth, you are told she underwent a C-section then complications arose, and she died. It cannot be. The KMPDC must come to the rescue of Kenyans."
}