BY IRENE ONYANG.
A Nairobi based private clinic has moved to court seeking stop plans by the medical board to close the hospital.
Omnicare Medical filed the case to quash a notice by the Kenya Medical Practitioners and Dentist Board, threatening to suspend the clinic’s operations pending investigations into the death of a woman at the facility.
“An order for prohibition refraining the KMPDU from interfering with the medical activities and procedures as conducted by the Applicant herein at Omnicare Medical and to allow continuous smooth running of the facility,” pleads the facility.
The facility further said threats by the KMPDU to close the facility without notice is unreasonable and in bad faith as the board is well aware of the ongoing fights between the facility and the state.
“This court does allow an exception to the Applicant exempting him from the obligation of exhausting other remedies available in the ultimate interest of justice, as by the time the same remedies are sought it will be too late and therefore an academic exercise,” omnicare medical said through lawyer Danstan Omari.
The facility argued that it has qualified doctors, medical officers and nurses is a medical facility specializing in cosmetic medical procedures.
“A patient by the name Lucy Wambi Kamau on the 16th day of October, 2024 walked into the applicant’s office for a medical procedure,” Omari said.
The woman sought liposuction and after a series of tests on the said patient at the facility and MP Shah Hospital, the patient was declared fit for the medical procedure and the same was done.
Through Omari, the facility claims that the patient was supposed to be discharged on the 17th day of October but on her own volition requested for more days at the facility, which was granted.
On the 18th day of October she complained of chest pains and was attended to by doctors and nurses at the facility.
Omari said the woman left the facility on the 22nd day of October, 2024 after she confirmed that she was ready to be discharged on recommendations of the doctor at the facility.
The facility claimed that she came back to the facility at 6PM but it was already closed for the day’s business.
A relative of the woman then called a Medical Officer from the facility who followed them to Nairobi Hospital where she was attended to and a second medical procedure done on her at Nairobi Hospital on the 23rd day of October, 2024.
Unfortunately, the patient died on the 26th day of October, 2024 while undergoing treatment at Nairobi Hospital
“Vide a letter dated 29th October 2024, the patient’s family through an advocate invited the Director of the Applicant facility to attend a Postmortem of the patient at Nairobi Hospital, a request which was gladly accepted,” facility adds.
