Damages for medical negligence: Breach of duty of care
PLAXEDES TAVIRAI AND FUNGAI CHIMWAMUROMBE
In Zimbabwe, the law protects victims of medical negligence. Any person who suffers any loss whether patrimonial or non-patrimonial as a result of the negligence of a medical practitioner is required at law to claim damages flowing therefrom.
What is medical negligence
Medical negligence, occurs when a medical practitioner’s actions or inaction fall below the accepted standard of care, resulting in harm or injury to a patient. Doctors are required to provide the level of care that a reasonably competent and skilled professional would provide under similar circumstances. Please bear in mind that doctors are not superhuman and as such they are not obliged to exercise the highest possible skill. If a patient suffers harm as a result of the negligence of a doctor, he/she is entitled to sue the doctor for compensation. A doctor’s negligence does not have to be egregious in order for him to be held accountable, any degree of negligence is sufficient.
The test for medical negligence
Our courts in establishing whether or not there has been medical negligence, the allegedly negligent professional must be judged by the standards set by his peers. The person claiming damages for medical negligence has the sole responsibility to prove on a balance of probability that the medical professional failed to take reasonable care or steps to prevent loss or injury to him or her. In addition, he must prove that she has suffered harm as a result of medical negligence. Usually, to be successful in this suit, you need to be legally represented. Evidence is also required to be led from other medical practitioners to prove that that there was indeed negligence on the party of the medical practitioner who is being sued.
Examples of medical negligence
It is important to note that the standard of care is set by the court. This means that even if a particular practice is common or accepted by other healthcare professionals, the court may still consider it negligent. Examples of medical negligence include, misdiagnosis or delayed diagnosis, surgical errors, failure to identify an illness, mistakes in prescribing or administering medication and negligence in caring for a patient after surgery etc.
Damages that can be claimed as a result of medical negligence
The type of damage or loss experienced by a client will depend on the circumstances, but examples include, medical treatment and hospital costs, legal costs, loss of income, pain and suffering, loss of ability to earn money in the future, loss of enjoyment of life, permanent disability or disfigurement and loss of support among other things.
Conclusion
Do not suffer in silence. If you are a victim of medical malpractice, you must be compensated for the loss that you have suffered.
Plaxedes Tavirai is an intern and can be contacted on plaxedes@zenaslegalpractice. Com.
Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted for feedback at fungai@ zenaslegalpractice.com and WhatsApp 0772 997 889.
