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"id": 379218,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/379218/?format=api",
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"speaker_name": "Sen. (Dr.) Zani",
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"legal_name": "Agnes Zani",
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"content": "Madam Temporary Speaker, I think that the actions of commission and omission are really vast. But also the problem in the Kenyan sector is that because we believe so much in the medical practioners, many people do not complain. It is actually taken that the doctor has the final authority on any matter. Maybe that is changing now a little bit, because with the internet and capability to go onto google, more patients are really cross- checking and not taking any diagnosis that has been given by a doctor as the final word. But it is not many Kenyans who are able to do that. Everybody takes whatever the doctor has given them and they move on in that direction. So, wrong decisions have been taken. Even in the light of wrong decisions, we have seen best practices in other parts of the world where, for example, a decision during diagnosis is not done by only one doctor, but by a team of doctors, so that each of these doctors plays a role in trying to get the diagnosis. That helps to a large extent to ensure that, that misdiagnosis does not happen. Madam Temporary Speaker, unfortunately, the level of mistreatment of patients is severe at both public and private hospitals. Many Kenyans prefer private hospitals because they feel that they will get better services there. But we have heard of cases at Aga Khan and even Nairobi Hospital where you will find long queues of people who are happy to pay extra money for services, after still not being happy with the services that they have received. Unfortunately, as has been already mentioned by one of the Senators, many people cannot then sue. Many people do not have a course for redress for those particular misgivings that happen in the medical sector. I think that this is why having the Public Health Complaint Board will give a forum to enable people to know where to complain. I think that the Board will also work to ensure that whoever has a complaint can be heard. I think that, that will have an effect of reducing the number of complaints and even the behaviour that practioners actually exhibit in their work will change. This is because there is recourse for being abused. Madam Temporary Speaker, I think that this Motion is very critical because it touches on some very important aspects of the Constitution. In Article 26, the right to life from conception is given. So, if somebody loses his or her life because of misdiagnosis, it really contravenes that particular Article. Article 43 (1); the right to the highest standard, especially in health, really touches on equipment, professionalism and the fact that these professionals should be adequately trained. Unfortunately, most of those who have been well trained, again, end up going to more developed countries. The level of brain drain, especially to Europe, is very high, specifically in the area of doctors and nurses. Because of that, you will find that highest standard that Kenyans have struggled so hard to attain-- - Training a medical practioners is very expensive. So, when they go away, it really creates quite a bit of a problem in terms of the care that they are meant to give. Madam Temporary Speaker, Article 53 (1) (c) talks about the right to health care including basic nutrition and shelter. These are all very important and key. I think that we should also look at the Motion wholesomely. For the rural poor, it is a little bit more dire because when it comes to access to dispensaries, the level of poverty tends to be high. There is no real way of counteracting the expenses one way or another. You will find that 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."
}