Medical Malpractice

INTRODUCTION

For years medical malpractice has receiver much global attention both negatively and positively. There appears to be a tendency of allegations of medical malpractice that go unreported with the patients only communicating this kind of information in other media other than the body that does regulation of medical practitioners or the courts. In real meaning there are several unspoken possible cases of medical malpractice which have remained unaddressed generally since the victims either lack confidence in the professional regulatory bodies or are frightened of the processes and complications coupled with the court process. This is in relation to bearing in mind that instituting such petitions against medical practitioners or the

This begs the query, what has transpired to their commitment taken on oath to use their skills only for the benefit of their patients? The society’s anticipations of principled conduct from the medical practitioners have been unceasingly dropped by what looks to be a total disregard for the long-established trust that has existed between the patient and the doctor. A medical practitioner and a patient’s relationship is always a special one and technically privileged because it depends on the trust that the patient has in the practitioner’s professionalism. The medical practitioners must therefore have a primary responsibility that guides them to act in the best interest of their patients without an influence of personal consideration .

There are a number of shortfalls of the Act in providing for the Board to curb medical malpractice and carrying out their obligations in Kenya. The Act gives the Board of investigating cases of medical malpractice but is uncommunicative on the matter of compensation available to the victims. Therefore, the Board cannot deliver on something that power has not been granted to it to do

In a country like Kenya that is committed to the rule of law, matters of medical negligence are always taken to the court and judges always make the final verdict. However, doctor’s negligence is always difficult to be determined by the judges as their opinion is always based on expertise. This has seen cases on medical negligence taking long before decisions are made and even the victims served with