Uganda: Couple Sues Hospital for Detaining Newborn Baby, Stopping Mother From Breastfeeding Her Over Unpaid Bills

24 August 2023

A couple has dragged Roswell Women and Children's Hospital located along Yusuf Lule Road in Kampala for detaining their newborn baby over unpaid hospital bills.

Alinda Bridgers Mugenyi and Salome Atulinde say in documents before the Civil Division of the High Court in Kampala that on May, 7, 2023, they approached the health facility when Aturinde's amniotic fluid had started flowing.

She was receiving antenatal care services from the hospital .

According to the couple, the hospital later recommended that the pregnant mother undergoes caesarian birth , the baby was born and later taken to the nursery for further management after birth of a baby named Khryst Alinda.

"The second applicant Aturiinde Salome spent four days in the hospital after which she was informed that she could leave together with the baby upon payment of the medical bills. On May, 11,2023, she was presented with two separate bills of shs5.21million and shs4.367million," court documents read in part.

The couple says that whereas the mother cleared her outstanding bill of shs5.9million which increased because she was detained for four more days from the time she was supposed to be discharged, her baby was retained as "collateral security".

They say that the act of denied the newborn baby access to be breastfed or have pumped milk from her mother was inhumane, cruel and degrading treatment but also poses health risks to the baby.

"The respondent has threatened me to sell the baby to Sanyu babies home inf no payment is done thereby reducing the baby to a commodity which act is cruel, inhumane and degrading."

The couple also accuses the hospital of sharing their details with Wassha Africa Uganda who posed as bailiffs and demanded from them as well as threatening them but also confiscated their national and work IDs.

Orders

The couple wants court to declare that the act of detaining the newborn baby pending payment of an outstanding medical bill and using him as collateral security is inhumane and degrading.

"The applicant seeks court to declare that the respondent(hospital)'s action of denying the mother access to breastfeed or even deliver pumped breast milk to the baby is inhumane, cruel degrading treatment and has subjected her to all health risks associated with not breastfeeding and has psychological torture."

The couple says they want court to direct that the hospital is not entitled to any payment of medical bills for the period the baby was placed under illegal detention and to this they want an order that the baby is unconditionally released from hospital and handed over to them.

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