King Faisal Hospital in Kigali has petitioned the Supreme Court to quash a court decision that ordered the hospital to pay Rwf50 million ($58,000) in damages for negligence that caused uterine rupture and the loss of a child for an expectant mother in 2015.

The hospital is appealing a High Court ruling, confirming a decision by the Gasabo intermediate Court, which found that Kamatenesi Jovia, the victim, was given an overdose of Cytotec, a drug used to induce labour.

“A medical report by the Rwanda Medical Council concluded that the uterine rupture that led to the death of the baby was a result of a third Cytotec pill given to Ms Kamatenesi,” the Intermediate Court ruling reads.

The hospital wants the negligence imputed to the gynaecologist, John Muganda, whom it says was attending to the expectant mother. The hospital says the uterine rupture was either caused by Dr Muganda negligence or a medical accident.

The High Court cleared the doctor, who said he only performed a surgical rescue after Ms Kamatenesi’s uterus ruptured and the baby died.

Ignored the testimony

According to Agnes Mukabaranga, the hospital’s lawyer, the High Court ignored the testimony of Leonard Gakindi, a consultant obstetrician and gynaecologist, on the pretext that he was employed by King Faisal Hospital.

Dr Gakindi’s testimony should have been considered as he helped Dr Muganda to operate on Ms Kamatenesi.

The hospital and its insurer Sonarwa contest the amount of money awarded to Ms Kamatenesi as damages.

“The High Court awarded the damages based on the conclusion that Ms Kamatenesi had no chance for future conception, but medical reports show her uterus has healed and she can conceive again,” said Jean damascene Rutagengwa, lawyer for Sonarwa.

In its 2015 decision, the Gasabo Intermediate Court awarded Ms Kamatenesi Rwf50 million ($58,000) in damages and ordered that the money be paid by the hospital’s insurer, Sonarwa.

Payment method

The High Court confirmed the ruling by the intermediate court but changed the payment method slightly. The court ordered Sonarwa to pay Rwf20 million ($23,200) and King Faisal Hospital to pay the remaining Rwf30 million ($34,800).

Ms Kamatenesi through her lawyer, Godfrey Mwine, has asked the Supreme Court to dismiss the appeal on the basis that it lacks jurisdiction. Mr Mwine argued that the appeal does not meet the requirements of the Supreme Court.

The Supreme Court will decide on the objection raised by the victim before it can proceed with the merits of the case. Its decision will be given on February 16.