The test for professional negligence for medical doctors in Zimbabwe

Medical negligence in Zimbabwe is determined by reference to the standard of conduct of a reasonably skilled and careful medical practitioner in a particular field and in similar circumstances. It is common cause that a medical doctor diagnosing and treating a patient is expected to adhere to the general level of skill, care and diligence possessed and exercised at that time by members of the branch of the medical profession to which he or she belongs to.

It is only health practitioners who are at law allowed to diagnose, treat and advise patients. Similarly, the administration of injections is an act specially pertaining to the practice of a health practitioner, notwithstanding that certain other classes of persons may lawfully administer injections. A wrong diagnosis does not per se amount to medical negligence on the part of a medical doctor. It will only be considered medical negligence if the medical practitioner’s conduct does not comply with the general standard of care.

For aquilian liability to arise in our law, the harm caused must have been both unjustified, or, in other words, wrongful, and culpable, in the sense of having been either negligently or intentionally caused. The principles of aquilian liability for medical negligence are as follows:

1. (A) A reasonable person in the position of the medical practitioner;
2. (i) Would have foreseen harm of the general kind that actually occurred;
3. (ii) Would have foreseen the general kind of casual consequence by which that harm occurred;
4. (iii) Would have taken steps to guard against it; and
5. (B) The medical practitioner failed to take those steps.