1.3 Theoretical Framework
“It has been widely accepted that the Hippocratic Oath was composed in the fourth century B.C.E. by a renowned Greek physician known as Hippocrates, often referred to as the “father of Western medicine”. “Pellegrino (1990) argues that the idea of medicine as a moral community can be linked back to Hippocrates. Given that the Hippocratic Oath was written c.a. 500 BCE, this document is clearly one of the most momentous and long-lasting codes of ethics in history.”
“Written in antiquity, its principles are held sacred by doctors to this day: treat the sick to the best of one 's ability, preserve patient privacy, teach the secrets of medicine to the next generation, and so on. “The Oath of Hippocrates, has remained
…show more content…
Hence, it is undeniable that the doctrine of natural law together with the principles of the law of negligence are of immense value to the human race. Thus, natural law was the first socio – political theory that impels us to discover the need to realize and appreciate how moral objectives and reasons can relate to law, it further leads us to exercise our minds on issues such as what good law can be used to achieve for human society. According to Finnis the objectives of natural law is to identify the conditions and principles of practical mindedness of good and proper order in the society. It is the postulation of positive hope for the survival and continuous advancements of human race.”
1.4 Objectives of the Study
The overall objective of the study is to examine the effectiveness of the law in addressing cases of medical negligence in Kenya. Specific objectives of the study are:
a. To examine the legal framework governing the conduct of doctors in Kenya. It will also point out the inadequacies of the current regime governing medical negligence. This research will emphasize on the disciplinary process in medical negligence.
b. To examine the extent to which this legal regime is effective in addressing cases of medical negligence.
c. To examine the decisions of the Medical Practitioner and Dentist Board to determine how the Board has handled cases of medical negligence.
d. Make recommendations for appropriate legal