Cholmondeley case against MP Shah withdrawn after consent

November 17, 2017 3:40 pm
Cholmondeley died while undergoing a hip procedure at the MP Shah hospital/FILE

, NAIROBI, Kenya, Nov 17 – A case in which the father of the late Tom Gilbert Cholmondeley has sued Nairobi’s MP Shah Hospital over failure to furnish him with his son’s medical records has been withdrawn.

This is after the hospital and Hugh George Cholmondeley entered consent before Justice Chacha Mwita to settle the matter out of court.

According to the consent filed in court Friday, it was agreed that Cholmondeley’s father becomes the next of kin, giving him the right to administer the deceased’s estate.

MP Shah Hospital has also agreed to in a week’s time furnish Hugh with an application for the request of the deceased’s medical report.

Upon filing the same, the hospital will within seven days give Hugh a certified copy of his son’s patient file.

The fifth baron of Lord Delamere had sued the City hospital for refusing to release to the family a report on the cause of Cholmondeley’ death despite conducting a post-mortem.

He argued that the move has stalled the issuance of a death certificate which would enable him take out letters of administration to administer the estate which he said was wasting away.

Cholmondeley died on August 17, 2016 while undergoing treatment at the hospital after undergoing a total hip replacement.

Among the documents Hugh wanted the hospital compelled to supply him include, the deceased medical history as recorded, pre-operative cause received, the operation and activities that took place in the operating theatre.

In addition, Cholomondeley’s father had sought all medication administered to the deceased from the time of admission into hospital until the end of the operation.


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