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{
    "id": 612986,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/612986/?format=api",
    "text_counter": 119,
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    "content": "of this is to ensure that sound medical decisions are made in relation to the patient throughout the transfer and referral period. (2) The KNH did not take all prerequisite steps to refer the patient to another facility that could have helped under the circumstances of the case. Moreover, the hospital allowed a critically ill patient to be returned to the referring hospital for oxygen, instead of taking appropriate steps to intervene. As a national referral hospital they should have exercised the highest possible standard of care to the patient, regardless of whether or not they had an ICU bed available. (3) Staff working at the Coptic hospital at the material time failed to follow the hospital’s ICU admission policy, as explained by the facility’s medical director. We confirm that the act of withholding of emergency treatment amounts to violation or denial of the constitutional right to health care services and emergency treatment, under Article 43 of the Constitution of Kenya. Article 43 (1) of the Constitution provides that every person has the right to the highest attainable standards of health, which includes the right to health care services. Article 43 (2) further provides that a person shall not be denied emergency medical treatment. In an emergency situation a patient has the right to treatment, regardless of ability to pay. An emergency is defined as a situation which is likely to cause death, serious injury or disability, if not attended to promptly. Public and private hospitals have a duty to administer medical care to a person experiencing an emergency. Where a hospital has an emergency facility, it is legally required to provide emergency medical care. Where the hospital is unable to provide emergency medical care, it must provide a referral for appropriate treatment. However, there is no statutory provision guiding how health care providers, private/public, will be compensated in the event that a patient who has been taken in for emergency care cannot clear the medical bill accrued. Based on the findings of the preliminary inquiry committee of the Medical Practitioners and Dentists Board, the following orders were made against the implicated health facilities:- (a) the committee found that the complaint against the KNH had merit. An appropriate charge sheet will be drawn within 21 days of the committee meeting on the matter. The matter will be referred to the professional conduct committee, to be constituted by the Medical Practitioners and Dentists Board for further inquiry of the complaint; and, (b) the committee found that the complaint against Coptic Hospital had merit. An appropriate charge sheet will be drawn within 21 days of the committee meeting on the matter. The matter will be referred to the professional conduct committee, to be constituted by the Medical Practioners and Dentists Board for further inquiry of the complaint. It is correct that the responsibility of developing and communicating the national health policy rests with the national Government. The Ministry in partnership with sector stakeholders has developed the Kenya Health Policy 2014/2013 which upholds the right of citizens to emergency medical care, as enshrined in Article 43 (2) of the Constitution of Kenya, 2010. However, a policy document can only be enforced through an Act of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}