Lucy Wambui death: Manslaughter charges against doctors who performed liposuction stir controversy
The questions arose following the prosecution of a surgeon and two clinic owners over the death of a patient following a cosmetic procedure has raised legal and ethical concerns over the criminal liability of medical professionals.
Should medical professionals be charged over the death of patients in the absence of gross unprofessional conduct and negligence, or should the Kenya Medical Practitioners and Dentists' Council (KPDC) first investigate and take action on matters of medical malpractice on the medics?
The questions arose following the prosecution of a surgeon and two clinic owners over the death of a patient following a cosmetic procedure has raised legal and ethical concerns over the criminal liability of medical professionals.
Dr Robert Maweu, along with George Wakaria and Lillian Wanjiru, the proprietors of Omnicare Medical Limited (also known as Body By Design), have been charged with manslaughter following the death of Lucy Wambui.
Wambui underwent a liposuction 360/BBL procedure at the facility on October 16, 2024, and was discharged six days later on October 22. However, she later developed complications at home and was admitted to a different hospital, where she died on October 26.
A post-mortem report revealed that she succumbed to intestinal perforation.
Defence lawyer Danstan Omari argues that Dr Maweu followed all medical protocols and that Wambui was placed under 24/7 medical supervision before her discharge.
The lawyer had argued that the prosecution of medical professionals in the absence of gross negligence or recklessness violates the principles of medical autonomy and legal certainty under international law.
He added that the ODPP should not have bypassed the KMPDC, which should have investigated the incident to establish whether there was medical malpractice leading to the death of the patient.
"The patient was placed under routine post-operative care and remained in the facility receiving 24/7 medical supervision from trained personnel up until her discharge on October 22, 2024," states Omari in suit papers.
"The patients (deceased) did not at any stage upon discharge, express any after surgery complication or seek review treatment at the (Omnicare Medical Limited) where the liposuction was conducted."
Wambui died at a Nairobi hospital where she had been rushed after "developing complications" while recuperating at home.
Omari says prosecution of Dr Maweu and his employers is an abuse of prosecutorial powers, devoid of procedural fairness and a violation of administrative procedures.
Omari says the suspects – Dr. Maweu, Wakaria and Ms Wanjiru – learned through media reports that the deceased passed away at a different medical facility while receiving further treatment on October 26, 2024.
Their prosecution follows a protracted court battle between them and the state - (DPP) and the Directorate of Criminal Investigations (DCI) which they (the suspects) lost.
Through Omari, they had sought orders of the court restraining the DPP and DCI from arresting and prosecuting them, but Justice Diana Mochache of the high court in Kibera allowed their prosecution to proceed as issues of whether they should be charged over the patient's death await determination.
Omari had argued that the dispute and issues of medical negligence should be handled by the KMPDC first before the DPP.
Dr. Maweu and his employers denied the charges before Senior Principal Magistrate Samson Temo of the Kibera law courts.
Wambui died four days after the procedure, and the suspects' lawyers were opposed to the charges against the medic and his employers over the death because the cause of the death is contested.
A postmortem showed that Wambui died of a perforation in her intestines.
Lawyer Omari argues that the experts' position is that the death caused by a perforation on intestines occurs within 12 hours, and therefore, the perforation that caused Wambui's death did not occur at Omnicare Limited as she would have died a day after being discharged.
Omari said more investigations ought to have been done on three critical questions; on where, when and how the perforations occurred.
"She went to (hospital name withheld), where another surgery was conducted. So, in essence, there were two types of surgeries done in two different facilities. She was here for two days. She was in (hospital name withheld) for four days. They (the pathologists) have found out that the cause of the death is perforations of the small intestines. Perforation is like a hole in the intestines," Omari said.
"In medical science, perforations can be occasioned by more than 10 causes. It can be caused by ulcers, H-Philori, intrusion to the intestines by an object, diabetes and very many medical issues including gastritis, and cancer."
The case continues.
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