High Court Resumes Hearing in Case of Baby Allegedly Illegally Detained Over Medical Bill

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Kampala, Uganda – The High Court in Kampala is set to resume the hearing of a case involving a couple who accuse a city hospital of illegally detaining their baby for four months due to an unpaid bill of 4.36 million Ugandan shillings. The hearing, presided over by Justice Esta Nambayo, is expected to receive the DNA report of the purportedly “detained” baby from the Government Analytical Laboratory in Wandegeya, Kampala.

In the previous court session, Justice Nambayo ordered a DNA test to be conducted following a claim by the mother, Saloome Aturinde, who expressed uncertainty about whether the baby presented in court was indeed hers. The judge ruled that the hospital would bear the costs of the DNA test.

Rosewell Women and Children Hospital Ltd is being represented by Mukiibi Semakula, while the couple is represented by counsel Geofrey Turyamusiima and Christopher Ocom.

Justice Nambayo justified her decision to have the hospital cover the DNA test costs by highlighting the critical need for the premature newborn baby to be with its mother. She emphasized the importance of breastfeeding and stated that the hospital could have detained either the father or the mother instead of separating the baby from its mother.

The case was filed two weeks ago by Khyrst Alinda, represented by his father Bridgers Alinda Mugenyi and Aturinde, the baby’s mother. They accuse the hospital of illegally detaining their child, alleging that the hospital refused to release the baby, who needed maternal care and access to breast milk.

According to court documents, on May 8, 2023, the hospital’s medical staff recommended that Aturinde undergo a caesarean birth. Following the birth, the baby was placed in the hospital nursery for further care. Three days later, the hospital issued the couple separate bills of 5.2 million shillings and 4.36 million shillings.

Mugenyi contends that he paid 5.9 million shillings because the hospital had detained his wife for four days beyond the discharge date. He claims that despite his requests, the hospital refused to release the baby and illegally detained an infant who needed maternal care.

Aturinde further alleges that the hospital’s actions, which included denying her access to the baby for breastfeeding or providing pumped breast milk, amounted to inhumane, cruel, and degrading treatment. The couple claims that the hospital’s medical staff threatened to sell the infant to Sanyu Babies if the outstanding medical bills were not settled, treating the baby as a commodity.

Due to the baby’s continued illegal detention by the hospital, Mugenyi also states that he is unable to provide consent for any treatment or services administered to the baby, further complicating the situation.

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