• Kenya’s healthcare system is crumbling under the weight of poor governance, corruption, and endless disputes between medical professionals and the government
• Nevertheless, an influential yet underappreciated approach is available: medical professionals who have shifted careers to law, ideally situated to reshape policies.
• Through incorporating these specialists into the decision-making process, Kenya can close the gap between medical practice and legal matters, thus establishing a healthcare system that genuinely caters to its population.

Kenya's healthcare system is facing severe challenges. Public hospitals are grappling with difficulties, medical personnel are feeling disheartened, and patients are suffering due to these structural issues.

Nevertheless, within the disorder lies a valuable chance – an opportunity that we are failing miserably to seize.

The nation boasts medical practitioners—both physicians and clinicians—who have shifted their focus to the field of law. These individuals are well-placed to address the legal and bureaucratic hurdles choking our healthcare system.

Why, therefore, are we not utilizing this wealth of knowledge effectively? Maroa Rioba, who holds a degree in clinical medicine and works as an advocate, offers her perspective on the matter.

As someone who has walked hospital wards as a clinician and currently argues cases in court as an advocate, I've witnessed the shortcomings of both systems firsthand.

The challenges in Kenya’s healthcare sector extend beyond shortages of medication and staff; they stem from inadequate governance, deficient legal structures, and an absence of accountability.

If we truly want to implement reforms, we need to cease addressing only the superficial issues and begin tackling the core problems instead.

Healthcare on life support

The issues within our healthcare system are widely recognized. Public hospitals lack adequate funding, medical personnel are burdened with excessive workloads and insufficient pay, and corruption continues unchecked.

At the same time, physicians and healthcare workers often participate in industrial actions due to subpar work environments, whereas patients, particularly those in remote regions, encounter severe cases of medical neglect with limited access to legal remedies.

The law, intended to offer resolutions, frequently has the contrary effect.

Resolving medical malpractice cases can take many years, healthcare providers face prosecution without adequate legal protection, and policies impacting the industry are created by individuals with no experience in a hospital’s emergency department.

It is absurd.

We require legal experts with a grasp of medicine—individuals experienced in treating injuries, identifying diseases, and tackling the moral challenges of healthcare—to lead these determinations.

Why medical-legal experts represent the crucial gap in the field

An ancient African saying goes, "Even from the moment of hatching, one can recognize the chick destined to become a cockerel."

Likewise, the answer to our healthcare crisis has been evident from the start—the medical practitioners who have delved into legal fields.

These people can offer hands-on, experientially informed legal advice across various crucial sectors.

i) Strengthening inadequate healthcare policies

A significant number of our healthcare regulations are either obsolete or unclear, which allows for potential misunderstandings and poor handling.

A medical advocate grasps both the legal specifics and the practical aspects of healthcare delivery, positioning them as ideal individuals for crafting, revising, and deciphering policies that are effective.

ii) Defending Medical Practitioners

The rising number of medical professionals facing criminal prosecution for medical errors is alarming.

Although accountability is essential, we should distinguish between carelessness and adverse medical results.

A lawyer who has received medical education can handle such cases with the subtlety required, thus avoiding wrongful convictions and making sure actual instances of malpractice are properly dealt with.

iii) Protecting Patient Rights

A lot of people in Kenya endure their distress privately following inadequate healthcare treatment, often due to ignorance of their rights or insufficient means to seek legal recourse.

Healthcare legal experts can significantly advocate for these patients, guaranteeing that hospitals maintain ethical practices and provide high-quality care.

iv) Mediating Healthcare Disputes

Prolonged legal disputes between healthcare professionals and governmental organizations frequently keep hospitals in an uncertain state for many years, meanwhile causing harm to patients.

Why not establish specialized medical-law tribunals instead of going through lengthy court proceedings, so that disputes could be addressed swiftly and equitably?

v) Strengthening Hospital Governance

Public hospitals remain drained of resources due to corruption and mismanagement.

Including medical-legal professionals in hospital boards and governmental health organizations can assist in sealing these gaps, guaranteeing openness and appropriate responsibility in the distribution of resources.

The way forward

It's time to reconsider our strategies for managing healthcare systems.

Our team comprises experts who grasp the nuances of medicine as well as the subtleties of legal matters.

Why shouldn't we include them in the decision-making process?

The government should:

Set up medical-legal advisory panels to offer professional advice on health care laws and conflict resolution.

Assign medical advocates to serve on hospital administration councils and oversight organizations.

Promote the introduction of medical-law training programs at universities to ensure an increased number of healthcare professionals gain legal knowledge.

Promote alternative dispute resolution methods for medical disputes to prevent the unwarranted criminalization of healthcare providers.

Final thoughts

Kenya's healthcare system stands at a pivotal juncture.

We have the option to keep moving down this inefficient and legally convoluted road, or we can welcome the insights of professionals skilled in both medicine and law to drive meaningful reform.

The decision is evident. If our aim is genuinely to save lives and uphold justice, then we should begin employing medical-legal experts to address the flawed system.

Court stops hiring for important SHA roles

In another development, the High Court stopped the hiring procedure for crucial roles within the Social Health Authority (SHA).

The petition was submitted by the Kenya Union of Clinical Officers (KUCO) due to concerns over the legitimacy of the hiring procedures.

KUCO alleged that SHA's leaders were enforcing rules that obstructed high-quality medical care.

OPINION BY: Maroa Rioba, who holds a degree in clinical medicine and works as an advocate.

The opinions stated above do not necessarily represent the stance of Sport.Bangjo.co.id.co.ke.