‘Ensuring Accountability in Healthcare: The Case of Tracy Biryomumaisho”
The tragic death of Tracy Biryomumaisho highlights the urgent need for accountability within Uganda’s healthcare system. In March 2022, Tracy, an expectant mother, died due to medical negligence at Ntara Health Centre IV. Dr. Christine Karungi, the medical officer on duty, failed to respond to calls for assistance, resulting in a uterine rupture and fatal bleeding. Midwife Dativa Kyarikunda was also implicated for failing to refer the patient in a timely manner.
Tracy’s family, represented by their lawyer, Counsel Aruho Amon of Mubiru & Aruho Advocates, sought justice through a lawsuit against Dr. Karungi, Kitagwenda Local Government, and the health workers involved. In June 2023, the High Court ruled that the family had the right to sue Dr. Karungi, rejecting her attempt to dismiss the case. The case is now set for further hearings in September 2023, where the full extent of the negligence will be examined.
This case emphasizes the critical importance of medical professionals upholding their duty of care. It also demonstrates the role of legal practitioners like Counsel Aruho Amon, who play a pivotal role in ensuring that families can seek redress and accountability when medical negligence leads to tragic loss. As this case unfolds, it serves as a reminder of the need for robust healthcare oversight and the right of individuals to justice when their health and lives are compromised.
Read more about the case here: https://www.independent.co.ug/high-court-pins-dr-karungi-for-negligence-in-mothers-death/
‘Ensuring the Right to Health: The Case of Faridah Kiconco and the Need for Accurate Medical Testing and Accountability”
The case of Faridah Kiconco underscores the critical importance of accurate medical testing and the right to quality healthcare. Ms. Kiconco was allegedly wrongly diagnosed as HIV-positive by medical personnel at Kabwohe Health Centre IV in 2011 while seeking antenatal care. As a result of this alleged misdiagnosis, she was placed on antiretroviral therapy (ART) for six years, despite reportedly being HIV-negative.
This prolonged and allegedly unnecessary treatment led to adverse health conditions, including reported hepatotoxicity, renal toxicity, and haemorrhoids. Ms. Kiconco sought medical attention for these developing issues. The emotional and physical toll of this experience highlights the potential for grave harm resulting from medical error.
Upon further testing at Mbarara Regional Referral Hospital, Ms. Kiconco was declared HIV-negative. Subsequently, she, through her legal representatives from KASASA&CO advocates in conjunction with Enforcement of Patients and Health worker’s Rights (EPHWOR), initiated legal action against Sheema Municipal council and Sheema local government, citing professional negligence.
The case was referred to mediation, during which Sheema Municipal council reportedly expressed interest in settling the matter out of court. While an initial offer of compensation was deemed insufficient by Ms. Kiconco’s legal team, negotiations were ongoing. The pursuit of justice in this case emphasizes the right of individuals to seek redress for harm caused by medical negligence.
This situation serves as a stark reminder of the need for stringent quality assurance measures in medical testing and diagnosis to prevent such errors from occurring. Furthermore, it underscores the importance of accessible and effective mechanisms for accountability and compensation when individuals suffer harm due to alleged medical negligence. Ensuring the right to health includes the right to accurate diagnosis and appropriate treatment, and any deviation from this standard must be addressed to uphold the dignity and well-being of all individuals.
Follow the link to view the article https://www.newvision.co.ug/news/1483178/woman-tested-negative-arvs-settlement
EPHWOR takes Action Against Defective Condoms in Uganda
The Enforcement of Patients and Health Workers Rights (EPHWOR) has filed a lawsuit against MarieStopes Uganda, the National Drug Authority (NDA), and the Attorney General in response to the distribution of defective Lifeguard condoms. These condoms, released without proper NDA approval, failed critical quality tests, putting users at risk of HIV/AIDS, gonorrhea, and unwanted pregnancies.
EPHWOR asserts that the actions of MarieStopes Uganda and the NDA’s oversight failures violate the right to health and human dignity, as guaranteed by the Constitution of Uganda. The organization seeks declarations of negligence, an audit of the defective batches, the revocation of MarieStopes Uganda’s license, and mass sensitization for affected individuals.
This case highlights the essential role of regulatory accountability and the need for quality assurance in the protection of public health. EPHWOR’s advocacy serves as a critical reminder of the responsibility to uphold human rights in health services.
Read the full story here: https://www.spyuganda.com/human-rights-activists-drag-mariestopes-uganda-national-drug-authority-to-court-over-fake-condoms/
‘Withdrawing National Health Insurance Bill In Wake Of COVID-19 Is Step In Wrong Direction’-Dr Aruho EPHWOR’s medical and reproductive health consultant
In the wake of COVID-19, the Gov’t of Uganda through the State Minister of Health, intimated to Parliament it’s intention to withdraw the National Health Insurance bill, our Medical legal and reproductive health consultant who interfaced with the Health committee of parliament on the medical_ Legal issues of the bill in this write up/Opinion to gov’t explains why we need the health insurance scheme more so amidst and after COVID-19 more than before.
Follow the link to view the article https://www.spyuganda.com/opinion-withdrawing-national-health-insurance-bill-in-wake-of-covid-19-is-step-in-wrong-direction-dr-aruho/
Sexual Reproductive Health and Rights (SRHR) of Adolescent Girls and Young Women (AGYW) in the Wake of COVID-19 Pandemic Report
Sexuality is part of being human and having sex in all settings may not be controlled during lockdowns. Availability and access to sexual reproductive health and rights services is critical, even if it may not be seen to be essential in in the wake of COVID-19 (Fatia Kiyange). As a global pandemic many countries including Uganda have taken rush measures like lockdowns both partial and total. Governments are concentrating on fighting of COVID-19 at the expense of many other services and other compelling situations especially the Sexual reproductive health and rights. Analyzing and understanding the situation surrounding the access to Sexual Reproductive Health and Rights (SRHR) is a starting point to ensuring that individual rights especially those of marginalized groups (Adolescent Girls And Young Women(AGYW)) are not stepped on. COVID-19 has far highlighted the gender inequalities and undermined the access to SRHR in Uganda especially for the young women and girls. Following the presidential guidelines EPHWOR organized online conversation on Twitter to discuss the current situation in regards to SRHR of AGYW in the wake of covid-19 to bring forth recommendations to increase the access to SRHR.
See full details: https://www.ephwor.org/wp-content/uploads/2025/04/AGYW-SRHR-Report-COVID-19.pdf
The Medical Legal Issues Surrounding COVID-19 Pandemic in Uganda
COVID-19 is the short form of Corona Virus Disease of 2019 that was first diagnosed in the Chinese town Wuhan in December 2019. The virus has since spread worldwide as of now with 349,095 cases registered worldwide that is 233,461 people infected and battling the virus, 15,296 deaths and 100,330 people that have recovered from the virus. The number increases day by day.
On the 11th day of March 2020, WHO declared that an outbreak of the viral disease COVID-19 had reached the level of a global pandemic and called on all governments to take urgent and aggressive actions to stop the spread of the virus.
Uganda has so far tested and confirmed nine Ugandans to have the virus, quite over 2000 Ugandans are in mandatory institutional quarantine and over 100 are in monitored self-isolation.
Public Statement on the COVID-19 Pandemic
Download the document above
Why Some Perpetrators of rape and Defilement still getting away with the law
After the 16 days of activism against gender based violence that ended on the 10th of December 2019, one would think acts or offences related to gender based violence would take a break because of the country wide activism, advocacy and enforcement against gender based violence. However my mind has been drawn to the recurrent incidents of rape and defilement that are happening in the country.
Rape is ubiquitous and takes place at work places in churches, in cars, marital homes, hospitals to mention but a few, While defilement takes place at schools ,homes and it is common with the guardian entrusted with the young girl that betrays the trust. To read full article download the file below:
National Drug Authority has a Duty to Ensure Only Safe and Quality Drugs are Made Available to Ugandans
The National Drug Authority on the 30th October 2019 issued a public statement recalling two batches of life guard condoms that is batch nos.190402205 and 19050105, these condoms had been rolled or made available to Ugandans by Marie Stoppes without being tested by NDA in their laboratories for any possible defect. During an interview by the press with the outgoing state minister of health Hon Sarah Opendi, she warned that there could be serious health implications for the end users of these untested condoms. She further said the risk of catching sexually transmitted diseases including HIV/AIDS is high and appealed to Ugandans who could have used life guard condoms during the period of April to October to go and get tested. This has caused a lot of psychological torture and mental anguish among many Ugandans considering that life guard condoms are choice of many because they are price friendly. To continue reading you can follow this link; https://observer.ug/viewpoint/63090-national-drug-authority-has-duty-to-ensure-we-have-safe-quality-drugs
Pass the Patients’ Rights and Responsibility Bill into law to account, check and balance the proposed National Health Insurance Scheme
My attention has been drawn to the fact that however much the National health insurance bill is highly supported by government and a certificate of financial implication has already been issued by the Ministry of Finance. The Patients’ Rights and Responsibility Bill is not in the good books of government and this premised on the vehement resistance it received from government by the Minister of State for Health Hon Sarah Opendi when it was presented on the floor of Parliament by the Hon Saleh Kamba. The Minister of Health Hon Ruth Aceng has also retaliated the same that the proposed Patients bill is not required because it does not address Health Workers’ rights and will worsen the situation of Health care in Uganda.
EPHWOR PHOTO ESSAY 2019
EPHWOR introduces her photo essay, showing the different activities carried out in photos and field visits.
Patients rights and responsibility bill
Through progressive negotiations and advocacy with Parliament, CSOs and the Government of Uganda by the Patients Rights Voice Coalition (PVC) of which EPHWOR is a member. The patients and responsibilities bill was gazetted and passed the first reading in parliament, it has now been sent to the health committee for scrutiny. We are grateful to our partners in the struggle for the voiceless patients and we also thank parliament of Uganda for the good step in the right direction.
Read one of the newspaper articles written by EPHWOR lawyer https:// https://www.newvision.co.ug/new_vision/news/1467967/patients-rights-responsibilities-passed-?fbclid=IwAR2KXzCthKbiPNqXvWxzh-wic07k57Tp-3Cyn3376EYqBFQEnAJmyumE4M4
EPHWOR has done a great deal in popularizing of the patients charter which was passed in 2009. EPHWOR with partners are advocating for the passing of the patients’ rights and responsibility bill that is before parliament. Read one of the news paper articles written by EPHWOR lawyer – https://www.newvision.co.ug/new_vision/news/1467967/patients-rights-responsibilities-passed-
Once
this Bill is passed into law it will ensure that patients who go to both
private and government health facilities are attended to and any sort of
negligence by both health facilities and health workers is avoided.
This bill passed
into law will further easier the work of the various councils regulating
medical practioners that is the medical and dental practitioners council,
Allied Health Professional Council and the Nursing and Midwifery Council and if
the government heeds to the pressure of Uganda Medical Association to disband
the health monitoring unit of State House then this law will be the appropriate
remedy to check and control the work of government health workers as they
conduct their duties. Read the whole story here>> https://www.newvision.co.ug/new_vision/news/1467967/patients-rights-responsibilities-passed-law-soon More about the same can be read here >> https://www.monitor.co.ug/Magazines/PeoplePower/Why-Parliament-must-pass-the-Patients–Rights-Bill-now/689844-2668716-qhj0cxz/index.html
Implications of falsified Hepatitis B Vaccine
EPHWOR engaged the government on the medical – legal implications of falsified Hepatitis B Vaccine in the country. Some time in March,Ugandans were disturbed by the adverse side effects that would arise as a result of the falsified Hepatitis B vaccine that was being administered in many health facillities. Enforcement of Patients and Health Workers’ Rights(EPHWOR) petitioned NDA and ministry of health of the medical legal implication and violation of patients rights and this led to the vaccine being tested in the best labs and the vaccine was found to be of no adverse effects.
EPHWOR has developed a module called “Medical law and Ethics” that can be used to appreciate the concept of medical law. EPHWOR lawyers and doctors have written a module about women patients’ Rights to be included in the curriculum of medical schools to educate health workers about women health rights. The concept of SRHR is not included in the health workers’ curriculum as a component of primary health care. It also lacks in continuing medical education in Uganda. The module has topics that can train doctors, nurses and mid wives about the laws and policies in Uganda and international documents and instruments that relate to sexual and reproductive health.