Roswell hospital case adjourned for 3 weeks as DNA tests delay 

The High court has further adjourned to September 22 the case in which Roswell Women and Children’s Hospital was sued over allegedly retaining a newlyborn baby over unpaid medical bills. 

 

Last week on Tuesday, justice Esta Nambayo ordered DNA tests to determine the paternity of the now 4-month-old baby after its mother, Saloome Aturinde indicated that she couldn’t ably determine if that was the baby she gave birth to since it was taken away immediately after birth.

 

Nambayo specifically ordered that the DNA tests be carried out at the Government Analytical Laboratory (GAL) in Wandegeya and the subsequent results presented to court today Tuesday.

During the proceedings today, Semakula Mukiibi, the lawyer representing Roswell, informed court that samples were collected from the baby and both parents last Friday. However, Mukiibi stated that experts at GAL indicated that results would likely take about 14 working days to be ready.

Given this information, both legal representatives, Christopher Ocom and Geoffrey Turyamusiima, requested an adjournment until the results were available. The judge subsequently granted an extension to September 22. Turyamusiima told journalists outside the court that the delay in obtaining results continues to infringe on the already violated human rights of their clients – the baby, mother, and father.   

Bridgers Alinda Mugenyi and Aturinde sued Roswell hospital last month for retaining their newborn baby. Through their lawyers, the couple claimed that the hospital’s actions treated their baby as a commodity, which they deemed inhumane, cruel, and degrading. The couple alleged that the hospital even threatened to sell the baby to Sanyu Baby’s Home.

 

They further noted that the hospital prevented the mother from breastfeeding or providing pumped breast milk to the child, raising concerns about health risks and the mother’s distress. The parents sought general damages for the violation of their constitutional rights and freedom from inhuman, cruel, and degrading treatment. According to the provided evidence, 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 they could only leave after settling the medical bills, which were presented on May 11 amounting to Shs 5.2 million for the mother and Shs 4.3 million for the baby.

 

Although Mugenyi paid the bill on May 15, the hospital reportedly refused to release the baby to the mother. The case revealed that despite the initial unpaid bill of Shs 4.3 million, the amount accumulated to Shs 16.2 million as of May 27. Last week, the hospital’s lawyer, Semakula, clarified that the baby was not with Roswell but with Loving Hearts Baby’s Home. He explained that the baby was born with respiratory complications and managed at the neonatal section due to being born prematurely. 

He attributed the current situation to media sensationalism. Mukiibi further noted that they had contacted the baby’s grandfather, who, he said had been told by the parents that the baby had died. Roswell hospital reported a case of baby desertion to the police, leading to the involvement of the Kampala Capital City Authority (KCCA) probation officer, who placed the baby in a safe location.