Medical negligence in emergency and maternity awards in Zimbabwe

Zimbabwe is witnessing a significant increase in the number of health care facilities being established in the country, such as municipal clinics, district hospitals, metropolitan hospitals and provincial hospitals. Not only is there an increase in government or public hospitals, but there has also been an increase in the number of private hospitals in the country.

Equally, in Zimbabwe there has been an increase in medical negligence claims being instituted in the courts as patients are increasingly becoming more aware of their rights. It should be borne in mind that the conditions in which doctors and nurses work are different. Other hospitals are not as busy as others. Public hospitals in general have a problem of scares resources. Whilst, other hospitals are especially busy, especially those with maternity wards. Therefore, in considering medical negligence particularly in cases of emergencies or maternity wards, the conditions in which the doctors and nurses work has a bearing.

It must be borne in mind that it is a ‘disservice to the community at large if we were to impose liability on hospitals for everything that happens to go wrong. The issue of professional negligence by medical doctors in delict or in contract is not new in Zimbabwe. However, there are relatively few cases of medical negligence in Zimbabwe.

This, however does not mean that medical professionals whether employed in public hospitals or private hospitals have not been negligent in the discharge of their duties. To the contrary, some medical practitioners have been negligent, and in one instance, convicted of criminal offenses. It is important that patients advise their doctors on any allergies, alignments or diseases or about any change in their condition as this allows the doctor to provide and arrange for a diagnosis and or treatment. It is therefore important that there be good communication between patients and doctors.

Therefore, there is a duty of care that is required, that duty of doctors and nurses to act with reasonable care and skill. A doctor or nurse who fail to act reasonably in order not to cause harm, or a doctor on call who fails in their duty to properly and timeously assess the condition of a patient may be liable for medical negligence.