February 2007
Kabwe Woman Sues Hospital Over Daughter's Death
By Madube Pasi Siyauya
A Kabwe woman has sued Kabwe General Hospital, its board and management and the Attorney General for the death of her child who was allegedly burnt at the hospital by an incubator.
According to the statement of claim filed in the Kabwe High Court, Mulenga Mubanga says she gave birth to a premature baby boy on November 27, 2006 at Kabwe General Hospital.
Mubanga said after the baby was born, it was put in an incubator.
Mubanga claims that because of the hospital staffs negligence, the baby slid from the small mattress in the incubator onto the heating element which burnt both its legs from the Knees to the feet.
Mubanga claims that a few days later, the sores that her son had sustained from the burns developed into blisters and the doctor prescribed Ampicillin injection and Vaseline gauge which was to be applied on the feet of the baby.
She claims that because of sever burns and effects of the injections, her son died and the probable cause of death was certified as cardiac arrest, shock and burns.
Mubanga sued the three defendants because the Board and Management of Kabwe General Hospital is a government institution and is sued as controller and overseer of the premises.
The Attorney General has been sued pursuant to the State proceedings Act as Chief Legal Officer of the Zambian government.
She said the incubator were her son was allegedly burnt from belongs to the government and at the time of the incident it was in the control of members of staff employed by the hospital and under the supervision of the night superintendent.
Mubanga said the particulars of the negligence were that the defendants failed to secure the incubators to avoid the burns or harm the baby. She said the incubator was closed without paying attention to the way it was secured.
She states that the defendants also failed to notice the said incident until the feet were completely burnt.
She is claiming damages for loss of life caused by gross negligence, damages for gross negligence resulting into loss of life, exemplary damages any other relief the court may deem fit, interest and costs.
LRF Kabwe Lawyer Tutwa Ngulube is representing Mubanga.
Recently, another Kabwe woman Patricia Mbulo asked the LRF to take action against Kabwe General Hospital for negligence that allegedly led to her son loosing his limb after he was also allegedly burnt by an incubator in September 2006.