Doctors and other medical staff could soon face a fine of up to Sh1 million or a two-year jail term for medical negligence if a new Bill before Parliament is passed into law.
The Health (Amendment) Bill, 2024, seeks to tighten accountability in the healthcare sector by imposing stricter penalties on practitioners whose negligence results in harm to patients. The proposed law, spearheaded by the National Assembly’s Health Committee, aims to regulate the governance and management of teaching, referral, and research facilities.
According to the Bill, medical negligence includes errors such as administering incorrect medication, misdiagnosis, failure to monitor patients properly, mishandling medical equipment, and botched surgical procedures.
“A person, staff, or agent of a facility who, by any act or omission done or committed in the performance of their functions under this Act through negligence, causes harm to a patient commits an offence and shall, upon conviction, be liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding two years, or both,” the Bill states.
Penalties for Breaching Patient Confidentiality
In addition to medical negligence, the Bill proposes similar penalties for unauthorized disclosure of confidential patient information.
“A person, staff, or agent of a facility who, in the performance of their duties, releases confidential information, publishes or discloses to an unauthorized person any document, communication, or information obtained during their work commits an offence and shall, upon conviction, be liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding two years, or both,” the Bill further reads.
Other offences outlined in the Bill include theft of intellectual property, misuse of an institution’s official seal, and any violations of the proposed law, all attracting the same penalties.
Oversight in Healthcare Institutions
The Bill, sponsored by Health Committee Chairperson Robert Pukose, defines a “facility” as including national referral hospitals, specialized medical centres, Level 5 and Level 6 hospitals, and other healthcare institutions as designated by the Health Cabinet Secretary.
Currently, disciplinary action for medical malpractice is mainly handled by the Kenya Medical Practitioners and Dentists Union (KMPDU), which can revoke the practising licences of healthcare workers found guilty of misconduct. However, the proposed law seeks to introduce stricter legal consequences for negligence.
The push for tougher measures comes amid rising cases of medical negligence in Kenya. Just last week, KMPDU revoked the licence of a medical practitioner accused of sexually assaulting a dialysis patient in Mombasa. The suspect, who was released on a Sh500,000 bond, was identified as a clinical officer rather than a medical doctor. The union clarified that only dialysis nurses and renal physicians are authorized to handle dialysis procedures.
In a landmark 2021 case, Kenyatta National Hospital (KNH) was ordered to pay Sh200,000 in damages to the family of a patient who died at the facility due to medical negligence. Despite an appeal by KNH arguing that the compensation was excessive, Justice Joseph Sergon upheld the ruling.
If enacted, the Health (Amendment) Bill, 2024, is expected to introduce greater oversight in the healthcare system, ensuring accountability among medical professionals and safeguarding patient rights.
