In a landmark decision, Justice Phillip Odoki of the High Court has ordered Mulago Hospital to pay Shs 50 million to a 47-year-old woman, Nakayima, as compensation for the psychological torture and trauma she endured when the hospital lost her baby. The ruling emphasizes the violation of Nakayima's rights to health under Article 45 of the Constitution and other International Human Rights Instruments.
The case dates back to 2016 when Nakayima, with the support of the Centre for Health, Human Rights, and Development (CEHURD), took legal action against the executive director of Mulago Hospital and the Attorney General. Their lawsuit sought the surrender of Nakayima's baby, dead or alive, along with damages for the violation of her and her child's human rights.
Nakayima recounted that after delivering her baby through a cesarean section at Mulago, she was informed that her baby boy had lived briefly and died. However, she was never shown the body, and all attempts to obtain information from the hospital were futile. Justice Odoki noted that Mulago Hospital's failure to provide information on the whereabouts of Nakayima's child amounted to psychological torture and violated her right to health.
Dorothy Amuron, the acting director of programmes at CEHURD, welcomed the ruling, highlighting its significance in ensuring safety in public health facilities in Uganda. Amuron urged the government to establish a mechanism for effective tracing of newborns from delivery to departure, emphasizing that public health facilities must be held accountable for any loss of a newborn child.
This is not the first time Mulago Hospital has faced legal consequences for a missing child. In 2012, a couple successfully sued the hospital after their child went missing at birth. Despite the hospital providing them with a baby, DNA tests later confirmed it was not their child. Justice Lydia Mugambe ordered Mulago Hospital to pay the couple Shs 85 million in 2017 in a case represented by CEHURD. These cases underscore the need for accountability and improved practices in Uganda's public health facilities.
