High court orders DNA test on baby retained by hospital over medical bills

The High court has ordered DNA tests on a baby who was allegedly retained by Roswell Women and Children hospital over unpaid medical bills that have since accumulated to 16.2 million.

On Wednesday, the four-month-old baby was brought to court as earlier ordered by justice Esta Nambayo. When the child was brought to court, the parents; Saloome Aturinde and Brigders Rogers Mugenyi broke down in tears. Aturinde told court that she can’t tell or remember whether that was the baby she gave birth to since the baby was taken away from her immediately after birth.

 

In a media statement earlier and through submissions by their lawyer, Semakula Mukiibi, the hospital refutes claims that it detained the baby, instead accusing the parents of abandoning their premature child.

 

According to Mukiibi, after failing to trace the parents, the hospital managed to get hold of the grandfather of the baby who said he had been told by the parents that the baby had died. He added that Roswell even reported a case of baby desertion with police who then involved the Kampala Capital City Authority (KCCA) probation officer who took the baby to a safe place. 

 

Mukiibi further told court that the baby is currently not with Roswell hospital, but with Loving Hearts Baby’s Home. However, Aturinde denied ever abandoning her baby and accused the hospital of telling “lies”.

 

“No no no we did not abandon the child, the hospital detained the baby, just…” Aturinde said before breaking down into tears.

In their petition last month through their lawyers led by Christopher Ocom and Geoffrey Turyamusiima, the couple said that the hospital’s actions have turned their baby into a commodity, which they consider to be inhuman, cruel, and degrading.

They claim that the hospital even threatened to ‘sell’ the baby to Sanyu Babies Home, a Namirembe-based care center for abandoned children. According to the parents, the hospital prevented the baby’s mother from breastfeeding or providing pumped breast milk to the child.

They are also concerned about the potential health risks associated with not breastfeeding and the distress faced by the mother. The couple also requested general damages for the violation of their constitutional rights and freedom from inhuman, cruel, and degrading treatment.

Evidence presented to the court indicates that on May 7, 2023, Mugenyi accompanied Aturinde to Roswell hospital when her amniotic fluid started flowing. Aturinde had been receiving antenatal care at the same hospital. A cesarean birth was recommended, and the baby was placed in the nursery for further care.

Records indicate that the hospital informed the parents that they could only leave after paying in full the medical bills that were presented on May 11 amounting to Shs 5,210,000 for the mother and Shs 4,367,000 for the baby. Mugenyi paid part of the outstanding medical bill on May 15. Despite the partial payment, the hospital reportedly refused to release the baby to the mother.

They also state that the hospital even took their national identity cards and that the mother was later diagnosed with depression, postpartum, and psychosis. According to court records, although the unpaid bill for the baby was Shs 4.3 million, the money has since accumulated and as of May 27 stood at Shs 16.2 million.

 

Justice Nambayo who seemingly appeared angered by the hospital’s actions questioned why they retained the baby and not the parents. Roswell hospital lawyer Mukiibi asked the judge to deal with the case knowing that there are emotions and worries. He said the baby was born with respiratory complications and managed at the neonatal section having been born a premature.

When Aturinde told court that she could not identify the baby, the judge ordered a DNA test to ascertain paternity.  According to justice Nambayo, the hospital must meet the costs of the tests. She ordered that the DNA testing be done at the Government Analytical Laboratory (GAL) at Wandegeya and the results produced in court next week on September 5.