The High Court in Fort Portal City has held Dr. Christine Karungi liable for negligence, which led to the tragic death of Tracy Biryomumaisho, an expectant mother who was admitted to Ntara Health Centre IV with labor pains, awaiting delivery.
The unfortunate incident occurred on the night of March 29th, 2022, when Biryomumaisho, who had been receiving antenatal care at Ntara Health Centre, checked in to deliver her precious baby. As she lay in pain, waiting for the joyous moment of childbirth, she allegedly was met with neglect from the medical staff attending to her, unknowingly setting in motion a chain of events that would lead to her tragic demise.
Tracy’s brother, Muhammed Ahebwa, and her father, Keita, were devastated by the loss of their beloved daughter and sister. Fueled by grief and a pursuit of justice, they filed a lawsuit against Kitagwenda Local Government and Dr. Christine Karungi, the medical officer on duty that night. They also held Dativa Kyarikunda, a midwife at the health center, accountable for her role in the devastating outcome.
In an attempt to escape the consequences of her actions, Dr. Karungi sought refuge in legal technicalities. Her lawyer, Rajab Arinaitwe of Mujurizi, Arinaitwe, and Byamukama Advocates, filed an application in court, questioning the family’s right to sue her in her capacity as the medical officer that night. However, their pursuit of justice would not be deterred.
On a significant day in June 2023, the High Court, led by Resident Judge Vincent Wagona, delivered its ruling. To the relief and satisfaction of Tracy’s family, the court affirmed that Dr. Karungi could indeed be held accountable for her negligence.
“It’s my view that the pleadings disclose that the plaintiffs enjoyed a right being the support they received from the deceased. That the right was violated by the defendant, who negligently caused death and the plaintiffs have suffered loss of the said support from the deceased, and the defendants are responsible including the 2nd defendant(Karungi). At this stage, the Court does not determine the merits of the parties’ claim…” the ruling reads.
The ruling recognized the plaintiffs’ right to seek justice for the support they had lost, and it condemned the costs incurred during the application, holding Dr. Karungi responsible for Shs 20,000,000 (Twenty million only).
Counsel Aruho Amon, the family’s lawyer from Mubiru & Aruho Advocates, confirmed the ruling’s significance.He refrained from providing further details about the case due to the subjudice rule but expressed the family’s gratitude for the court’s acknowledgment of their right to seek redress for their loss.
The heart-wrenching court records revealed the painful truth of Tracy’s last moments. She had reported to Ntara Health Centre IV with labor pains, hoping for the safe delivery of her child. However, her designated medical officer, Dr. Christine Karungi, was nowhere to be found, ignoring the urgent calls from Tracy’s caretakers. The hours passed, and Tracy’s condition deteriorated, leading to a catastrophic uterine rupture and fatal bleeding.
The court proceedings revealed that not only Dr. Karungi but also Ms. Dativa Kyarikunda, the midwife present that night, were implicated in neglecting their duty of care. Kyarikunda was faulted for refusing to refer Tracy to another health facility promptly, which could have prevented the tragic outcome.
Kitagwenda District, as the employer of both Dr. Karungi and Kyarikunda, was also held responsible for its failure in overseeing their actions at Ntara Health Centre IV.
The grieving family’s pursuit of justice will now continue as they prepare for the hearing scheduled for September 21st, 2023, where the final judgment will be delivered.
Tracy Biryomumaisho’s untimely departure from this world serves as a somber reminder of the importance of accountability and the need for better systems to protect the lives of expectant mothers and their unborn children. The outcome of this case will be a testament to the resilience of a family seeking closure and justice in the face of unimaginable loss.