PAC warns against negligence in the medical sector
Thursday, September 16, 2021

The Ministry of Health should ensure that healthcare personnel provide quality medical services to patients and prevent negligence that cost both lives and public funds.

The call was made by Members of the Parliament’s Public Accounts Committee (PAC) on September 15.  

They made the call during a public hearing in which officials from the Ministry of Health and its affiliated entities were responding to cases of mismanagement highlighted by the Auditor General’s report for the financial year 2019/2020.

Among other issues the report highlights wasteful expenditure in the ministry and court cases stemming from negligence.  

The ministry was the respondent in a case in which one Benitha Habaguhirwa sued it and Munini Hospital for negligence that occurred during her treatment at the hospital, which resulted in the amputation of her arm.

On April 4, 2019, the High Court Chamber of Nyanza delivered a decision in which the ministry was ordered to pay Rwf25 million fine to Habaguhirwa.

The report noted that the amount paid constitutes the diversion of funds that should have been used for other activities of the ministry.

Talking about the incidence, Zachée Iyakaremye, the Permanent Secretary at the Ministry of Health, said the nurse tied a plastic tissue on the patient’s arm as he/she wanted to take a blood sample.

But, he said that the nurse forgot to remove the tissue which spent over 24 hours on the patient’s arm. The consequence was that the tightly squeezing tissue blocked the blood flow into the lower part of the patient’s arm. Her arm was subsequently cut off.

"The country incurred double loss: Its citizen lost an organ [arm], and it was charged fine,” said MP Christine Bakundufite, wanting to know which punishment the responsible medic was given.

Iyakaremye said that the culprit was given administrative sanctions [for gross medical negligence] including expulsion from the hospital, and that she was blacklisted from public service.

The medical licence was revoked by the National Council of Nurses and Midwives.

MPs wondered why the ministry paid the fine, instead of the nurse who caused the medical harm.

He replied that the law establishing medical professional liability insurance has not yet been implemented, which results in the government paying fines charged for the medical harm blamed on public medical personnel.

The law, which was gazetted on January 22, 2013, provides for, among others, the insurance by a health professional and a health facility, as well as the right of a victim of health risks to sue for compensation.

MP Jean Claude Ntezimana said that dismissing the nurse was not enough, suggesting that she should get heavier sanctions.

Iyakaremye said that one of the ways to tackle such cases is to sensitise patients so that they know that they are entitled to quality treatment, and report poor medical service; as well as pursuing the medical personnel who are implicated in poor medical service.

"Now, we are investing in as many efforts as possible so that we prevent such cases,” he said.

"Rights of patients who seek treatment at the hospital should be observed, and medical staff should fulfil their responsibilities and comply with professional ethics,” said PAC Chairperson Valens Muhakwa, pointing out that the incidence should.

As a remedy to such issues, the Auditor General recommended in his report that the Ministry of Health should take necessary action to prevent wasteful expenditures, noting that this entails monitoring the adherence to the professional code of ethics by medical and non-medical staff members.