In light of what happened to the breast enhancement lady(May she rest in peace)I’ve asked myself a few questions some of them being;
Can a patient prove medical negligence on the part of a doctor when all notes that ought to prosecute a case remain in the hands of the doctor or the facility he works for?
Can the the Kenya Medical Practitioners and dentists board (the body charged with the responsibility of investigating a doctor in case of a malpractice) repremand one of their own in case he/she is found culpable?
I know there are talkers who are in the know concerning this area of medicolegal issues.
We don’t know what kind of setting the surgery was done in. Being found culpable depends a lot on peer review. If you flout standards of practice, then you will likely be deemed negligent and be jailed. If not, it is likely to be found to be a surgical misadventure and your indemnity cover will have to fork out some serious compensation, but you will probably not be jailed.
KMPD is supposed to self-regulate the practice. However, when patients report such cases, the board takes too long to resolve them and the punishments given are just a slap on the wrist.
Actually the KMDPB is ruthless when it comes to finding the holes in cases where a medical practitioner flouts standard of practice. SSI (surgical site infections) and other serious surgical complications are usually very well described to you in the consent form that you fill and sign before surgery. But the conditions to be satisfied before, during and after the surgery are well established and all practitioners are aware. If someone has taken any shortcuts, too bad for them. Consent is not indemnity.
You should see how this consents are established in public facilities. The explanation is casual in nature and in most instances the patient signs the consent without any explanation and when being wheeled to the operating theatre.
Ideals are learnt in class but rarely practiced.