Dispute ResolutionMedical Negligence in Kenya: Insights from the Qureshi v. Parker Case (2025)

Medical Negligence in Kenya took center stage in the landmark case of Naila Qureshi & Another v. Dr. Raffique Parker & 2 Others (June 2025). Serving as a wake-up call to hospitals and medical practitioners, Justice Alexander Muteti awarded the plaintiffs Kshs. 157,207,524.20 in special and general damages.

CASE FACTS

The 1^st plaintiff sought the services of the 3^rd defendant hospital, where the 1^st defendant worked. He attended to her and without consent, removed her cervix. The 1^st plaintiff further suffered complications which included urine incontinence that was attributed to scarring of her bladder by the 1^st plaintiff and 3^rd defendant’s agents.

This case is of great relevance in terms of the concept on obtaining informed consent and the liability of hospitals with regards to negligence by their agents.

COURT’S DECISION

The court found the 1^st respondent had negligent in executing his mandate and also indicted the hospital for being complicit in ensuring its patients’ get quality services at the hospital. The court in its judgement held that hospitals cannot escape liability for their employees or contractors actions done under their supervision.

To Medical practitioners;

1. Informed consent does not only entail the patient knowing the kind of procedure to be undertaken but also involves understanding the implications of the procedure.
2. Abbreviations used in consent documents place a heavy burden on the medical practitioner to explain that the patient understood the contents of the documents before the signing. It is therefore discouraged.

 To Hospitals;

1. Hospitals are to ensure that their agents are diligent in their work.
2. Failure to supervise and ensure patients are offered quality services will attract liability in a medical negligence suit.
3. Hospitals must ensure that their agents operate under strict compliance of the laws and regulations of medical care

The court took issue with the hospital for contracting the services of the 1^st defendant despite records showing he had been disbarred from practicing medicine in Uganda. Failure by hospitals to scrutinize their workers history and supervise their services will attract liability in a medical negligence suit.

The jurisprudence surrounding Medical Negligence in Kenya is steadily evolving and gaining traction. For tailored legal guidance, contact our team of medical malpractices lawyers at Kimiti & Associates Advocates for a customized consultancy.