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S.E. Right to Emergency Medical Treatment ... Actualized!?



Away from the Olympics which we are all certainly enjoying [… or are we?….] is a new development which we all should be glad about.

All over the world, medical treatment is very expensive. Even the most developed of countries face their own challenges in the provision of quality medical services. Such treatment becomes even more important when it has to be offered during an emergency. Very few economies – even the most developed of them – do not face challenges in the provision of quality medical services especially in emergency situation.

How a patient is taken care of during that period of emergency greatly determines whether the patient will be able to get out of the risk of death or permanent damage, or whether the patient will succumb to that which may have caused the emergency.  

The record number of traffic accidents reported on a daily basis is appalling. In fact glaring statistics indicate that people who die from road accidents is at an alarming rate. According to the 2009 World Health Organisation (WHO) global status report, Kenya recorded 3,760 traffic deaths, the highest in East Africa region. By 2012, this number must certainly have increased. These statistics may not have taken into account persons who die thereafter as a result of complications arising or as a consequence of lack of proper medical attention immediately after the accident.
The Constitution of Kenya 2010 provides under Article 43 (2) for the right to emergency medical treatment. Though such a right requires gradual and progressive realization and implementation, the state is under obligation – to immediately institute measures that will ensure a realization of this absolutely important right.
Kenya like very many other developing countries faces numerous challenges including the provision of basic needs of its citizenry. Grievances about the inability of the state to achieve this, as a result of poor policies and rampant corruption, have become humdrum. 

It is therefore good news to hear about the Revised Code of Professional Conduct and Discipline for Medical and Dental Practitioners, recently released, and the far reaching measures provided that will help address this very basic concern for the Kenyan people. No one will be denied emergency medical treatment by any medical treatment by a medical practitioner for lack of finances. This ought to be a reprieve considering the many reports about people dying on queues while waiting for emergency treatment at government facilities because they cannot access any other facilities.

A lot more ought to be done in this regard. Measures need to be put in place for the implementation of these very good developments. The public too should be vigilant to blow the whistle on any medical or dental practitioner who may selfishly opt not to adhere to these regulations.





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