Francis Sikuku
A new bill proposing hefty penalties for medical negligence has sparked debate among healthcare professionals and legal experts. If passed into law, doctors and medical staff found guilty of willfully or negligently harming a patient could face a fine of Sh1 million or up to two years in prison.
The proposed legislation, aimed at improving accountability in the healthcare sector, seeks to address rising cases of malpractice. Lawmakers behind the bill argue that it will ensure patients receive the highest standard of care and that reckless practitioners are held accountable.
“The bill is not meant to intimidate doctors but to protect patients from negligence that could lead to irreversible harm or even death,” said a legislator supporting the proposal.
However, the medical fraternity has raised concerns, warning that the law could discourage professionals from taking on complex cases for fear of litigation. The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) has called for a review of the bill, arguing that doctors should not be criminalized for unintended medical outcomes.
“This could lead to defensive medicine, where doctors avoid high-risk procedures to protect themselves from lawsuits,” said a KMPDU official.
As public debate intensifies, stakeholders, including legal experts, medical associations, and patient advocacy groups, are expected to weigh in before the bill is tabled in Parliament. If enacted, the law could drastically change how medical malpractice is handled in Kenya, ensuring greater accountability but also reshaping the medical profession’s landscape.
Wamuzi News Ke
