Can l sue my doctor or hospital for negligent treatment?
A doctor must take all reasonable care in the treatment of a patient. If he fails to do so, and the patient suffers harm as a result, the patient can sue the doctor for negligence.
The standard of care required from a doctor – working privately or for the Government- is that which is accepted as competent medical practice.
Therefore, to establish that a doctor has been negligent the patient’s lawyer must obtain the opinion of other doctors who treat the same type of complaint to see what they would have done.
If a doctor makes a mistake in the treatment of a patient, it does not automatically follow that he has been negligent. A mere error of judgment may not be negligence.
He will be liable only if the mistake should not, in all the circumstances, have been made. The law does not forgive accidents that happen because of a doctor’s inexperience. It is only in an emergency where a doctor can get away with making a mistake. A doctor should not undertake treatment unless he is qualified and competent to do so.
If you find yourself in a medical emergency, and a more experienced doctor is not available and it being clear that a patient would suffer if treatment were delayed, it is justified that a doctor gives whatever treatment he feels is required. But he must exercise all reasonable care despite the emergency.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content are simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
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