The Court of Appeal in Nairobi has ordered Aga Khan University Hospital and pediatric neurologist Dr. Donald Oyatsi to pay Sh4.35 million in damages to the parents of a nine-year-old girl who died after a fatal misdiagnosis that delayed treatment for meningitis.
A three-judge bench comprising D.K. Musinga, M. Ngugi, and G.V. Odunga upheld a 2018 High Court judgment by Justice Joseph Sergon, affirming that both the hospital and the doctor were liable for the child's death.
The case was brought before the courts by the girl's parents, Sylvester Kisonzo and Beriah Warue, who argued that their daughter was denied appropriate medical care despite exhibiting symptoms that required urgent investigation.
According to the court's findings, the medical team failed to carry out critical diagnostic tests that could have identified meningitis at an early stage. Instead, the child was referred for psychiatric assessment, a move that the judges found inappropriate given her condition.
The appellate court held that the focus on a psychiatric evaluation diverted attention from the girl's actual illness, resulting in delayed diagnosis, inadequate treatment, and poor patient management. By the time the correct condition was identified, her health had deteriorated significantly, leading to her death.
In upholding the High Court's decision, the Court of Appeal emphasized the duty of healthcare professionals to exercise reasonable skill, care, and diligence in diagnosing and treating patients. The judges found that the failure to conduct the necessary medical tests constituted negligence and directly contributed to the tragic outcome.