ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant as Plaintiff filed an action on 3rd April against the defendant claiming:
1. A declaration that the defendant, as plaintiff’s medical service provider owed her a duty of care to provide prompt and adequate medical care to her at all times, beginning from the time she registered with it.
2. A declaration that the defendant breached its duty of care which it owed the plaintiff as registered patient on the 20th day of March, 2018, when, during labour, the baby started coming out but the umbilical cord came out first and the defendant’s decided to refer her to another hospital.
3. A declaration that the defendant breached its duty of care which it owed to the Plaintiff, when it failed to employ Medical Doctors to be present to take delivery of the plaintiff’s baby, to ensure the baby’s survival.
4. In the alternative:
A declaration that the Defendant breached its duty of care which it owed to the plaintiff when, knowing that…