KenyaToday

Jan 20, 2022

Malindi Man Gets Ksh 2 Million For False Cancer Diagnosis

A Malindi-based clinic has been dealt a blow after being ordered to pay a Ksh.2 million compensation fee for falsely diagnosing a patient with cancer. In a court hearing presided by Malindi Chief Magistrate Julie Oseko, Jamu Imaging Centre was ordered to recompense Roberto Macri on grounds of breaching duty of care and negligence.

According to court documents, Jamu Imaging Centre located in Malindi, on September 2015, received Macri who had gone for a medical consultation. Macri is said to have wanted to establish the cause of his swallowing difficulties when the clinic recommended an X-ray.

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The X-ray report indicated he had contracted oesophageal cancer and its severity was at stage four, the Nation reports. Macri is said to have later travelled to Italy for a second medical test in October 2021.

Medical reports overseas returned negative showing he had no cancer gene. Returning home he immediately sued Jamu Imaging Centre for medical negligence.

"Had the doctor made the correct diagnosis, the risk of post-examination trauma, panic would have lessened, not to resort to further medical consultation in Italy," said Macri in court documents.

Macri further told the courts that he was costed acute despair, mental distress, intense trauma, pain and suffering. All these came about due to the incompetence and lack of seriousness in doing one’s job.

Many Malindi residents, who were shocked by the realization said that diagnosis is not something to be taken lightly and should be done well and professionally.

Jamu however denied Macri's claims, "No findings were made with in the scope of Mr Macri suffering from cancer," read court papers.

They appealed the ruling at the Malindi High Court where the case was heard by Justice Reuben Nyakundi who then dismissed the appeal but reduced the compensation fee from the previous Ksh.3.5 million to Ksh.2 million.

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