De la séquestration des mamans insolvables et leurs enfants dans les maternités des établissements de santé de Lubumbashi : Cas de l’hôpital général Jason Sendwe

Abstract

Our study deals with the carrying out of the medical contract in the maternity of the Jason Sendwe General Hospital in Lubumbashi. The enforcement of the medical contract conveys a notable discrepancy between what is in reality and what should come into force in the maternities of Lubumbashi medical institutions, particularly in the maternity of the above mentioned general hospital. This accounts for the existence of a set of prohibited and questionable practices, namely the sequestration of the mothers and their babies, the over invoicing, and the tip phenomenon that does not take into account the jurisdictional control. The sequestration of the insolvent mothers and their babies reminds one of the ancient Roman institution manus iniectio. This practice is prohibited and in contradiction to the principles of the law. The fore-mentioned sequestration disparages the human person who, like a pledge, warrants the fulfillment of the obligation. There is ground for concluding that the hospital is doing justice to itself in the place of competent jurisdictions entitled to settle such cases of legal dispute.