Omnicare Medical has moved to court seeking orders quashing the closure notice by the Kenya Medical Practitioners and Dentists Council (KMPDC).
KMPDC closed down Omnicare on 31st October 2024, after one their former patients succumbed at the Nairobi Hospital where she had gone to seek treatment after discharge from Omnicare.
Through lawyer Danstan Omari, Omnicare has denied any wrong doing that could have led to the demise of the patient.
In a certificate of urgency, the level 3 facility also wants the court to restrain the 1st respondent (KMPDC) by itself, its agents or anyone else under its instructions from engaging in any manner of disruption or obstruction of its daily operations.
The applicant also wants wants the court to issue a declaration that the action by KMPDC to close it without a written notice is unreasonable and in bad faith as the respondents are well aware of the ongoing fights the institution already has with the State.
The Procedure
The closure of the facility was as a result of the demise of one their former patients Lucy Wambui who had undergone a Liposuction procedure a few days before being admitted at the Nairobi Hospital after being unwell.
According to court documents, Omnicare (Body by Design) is a medical facility specializing in cosmetic medical procedures with qualified doctors, medical officers and nurses.
It is alleged that on 16th October 2024, Wambui walked into Omnicare for the liposuction which was done after a series of tests.
“After a series of tests on the said patient by the applicant and MP Shah Hospital, the patient was declared fit for the medical procedure and the same was done,” Omari said.
Omari noted that the patient was supposed to be discharged on the 17th day of October but on her own volition requested for more days at the facility and the same was granted.
“On the 18th day of October she complained of chest pains and was attended to by doctors and nurses at the applicant’s office,” he added.
Wambui is said to have left Omnicare on the 22nd October, 2024 after she confirmed that she was ready to be discharged on recommendations of the doctor at the facility.
However, she returned to the facility that same evening at about 6PM but the facility was already closed for the day’s business.
The documents state that Wambui’s relative called a medical officer from the facility who followed them to the Nairobi Hospital where she was attended to and a second medical procedure done on her at Nairobi Hospital on the 23rd day of October, 2024.
Sadly, the said patient died on 26th October, 2024 while undergoing treatment at Nairobi Hospital.
At Nairobi Hospital, an emergency laparotomy was done which shower peritoneal soilage with fecal matter.
The postmortem
Through a letter dated 29th October 2024, the patient’s family through an advocate invited the Director of Omnicare to attend a postmortem of the patient at Nairobi Hospital, a request which was gladly accepted.
The postmortem which was conducted by the government pathologist, Omnicare pathologist and the family pathologist concluded that the cause of death was perforation of the small intestines.
According to the pathologists’ findings, Wambui’s cause of death was cardiorespiratory failure due to septicaemia due to acute peritonitis.
The pathologists notes that the two surgeries performed on the deceased by the two facilities were significant.
They added, “The circumstances of this death need to be investigated to establish at whatever place and time the alleged perforation (if any) of the bowels happened.”
It court have happened during either of the two surgeries.
Omnicare claims that the medical board, relying on random, unreliable and sensational social media posts, wrote to them saying that that they would be going to the facility on the 31st day of October, 2024.
In the afternoon of the said date, the board wrote to the facility requesting patient information and academic credentials of the facility staff that attended to the said patient.
It is alleged that the medical board arrived at Omnicare premises with thousands of unruly goons who barricaded the area threatening to burn it down.
Omari claims there appears to be an obvious scheme to frustrate Omnicare as KMPDC has already, without notice closed down their daily operations thereby threatening the livelihoods of the many Kenyans that have been employed by the facility.
He further states that there are ceaseless and threatening calls by unknown persons to Omnicare staff.
“There appears to be an attempt by the 1st Respondent and others to intentionally and maliciously conspire to make the applicant’s reputation questionable in a bid to frustrate the Applicant’s efforts to remain in compliance with the Kenyan Constitution, health laws and other enabling provisions of the law that relates to this matter,” Omari said.
Our condolences to the family and friends of Lucy Wambui.
