Activists have sued a Ugandan hospital for refusing to allow the discharge of a 14-year-old boy, who was seriously injured after being hit by a car, but whose parents have been unable to pay the account.
According to court documents filed in the High Court in Kampala, the teenager, Raymond Mugerwa, was taken to Jaro Hospital for treatment, and although his father, Robert Sentongo, reportedly requested a referral to a public health facility, Jaro declined to release him on grounds that he was in a critical condition.
The Centre for Health, Human Rights and Development (CEHURD) says the hospital’s actions are illegal, reports the Ugandan Monitor.
“The hospital’s detention of the patient pending the payment of outstanding medical bills is a violation of the child’s right to personal liberty under Article 23 of the Constitution,” CEHURD said in its lawsuit.
“The health facility is not an authorised place of detention under Article 23 (2) of the Constitution,” it added.
The court documents said that “… after a successful operation and treatment, the respondents issued … a medical bill of Shs4.4m on 6 August. The third applicant (father of the patient) with support of good Samaritans, raised a portion of the bill amounting to Shs1.5m, but Jaro hospital and its director, James Odong, insisted on the full amount and instead resorted to detaining the child… at their health facility till to date”.
CEHURD said detaining the teen was a violation of his rights to health, personal liberty and freedom from cruel, inhumane and degrading treatment guaranteed in the Constitution.
The activists want the court to order the hospital to release and award the patient general damages.
However, Jaro Hospital management has denied detaining the youngster.
“All those allegations are false; we are not detaining anyone here because this is a hospital. But it’s only fair that the boy’s father needs to clear the bill before we can discharge the boy,” said director Odongo.
“We are ready to discharge him but are just waiting on his father to fulfill his promise and put the proposed payment plan in writing, which he hasn’t done yet.”
Ugandan Monitor article – Hospital sued over violating child’s rights (Open access)
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