, NAIROBI, Kenya, Oct 5 – The father of the late Tom Gilbert Cholmondeley has sued Nairobi’s MP Shah Hospital over failure to furnish him with the deceased’s medical records.
Hugh George has taken the hospital to court arguing that failure to provide him with his late son’s health records has made him unable to administer the deceased’s estate which is at risk of wasting away.
In his suit papers, George says he wants to administer the estate in accordance with the law and the wishes of his only child because it is vulnerable to intermeddling.
“My late son’s estate is at risk of being wasted away and is vulnerable to intermeddling,” he states.
To date, the fifth baron Delamere says the family is yet to know the cause of Cholmondeley’ death despite the hospital conducting a post-mortem.
As a result, he says it has stalled the issuance of a death certificate which will enable him take out letters of administration.
“The direct consequence of the respondent’s unlawful action is that no letters of administration can be taken out for purpose of administering the deceased’s estate,” he argues.
Cholmondeley died on August 17, 2016 while undergoing treatment at the hospital after undergoing a hip replacement.
Among the documents George wants the hospital compelled to give him include the deceased’s medical history as recorded, pre-operative cause received, the operation and activities that took place in the operating theatre.
In addition, Cholomondeley’s father seeks all medication administered on the deceased from the time of admission to hospital until the end of the operation.
Also sought is damages for violation of his constitutional rights to information.