In recent times, cases of medical negligence in our hospitals have been rampant. Medical negligence occurs when healthcare workers in the hospital cause harm to a patient due to negligence. Negligence in this case involves diagnostic errors, wrong treatment as well as improper health management. Citizens in Kenya have a right to proper health and medical care therefore in case of any malpractice or negligence, a patient has legal rights to sue the hospital in a court of law and get compensated. The following are ways on how a person can sue a hospital for medical negligence in Kenya.
Taking action before the limitation deadline passes. There is a set period of time that an individual should report and file a medical negligence lawsuit in court. Statutory time limits require a victim of any medical malpractice to file a legal claim promptly. This step is important because it gives the authorities enough time to begin their investigations. It also helps get the correct information in time to avoid destruction of evidence.
Secondly it is vital that you visit an attorney. Cases of medical negligence can not be handled alone. Proving your case in court requires the intervention of a person who clearly understands the laws that apply to your situation. Such cases are normally complex from the medical and legal procedures involved. Lawyers in this case offer consultations on how to go about the case.
A victim should be able to determine whether it is the hospital that was at fault or a particular individual in that hospital. Simply because a medical negligence occurred in a hospital, it does not mean that the whole facility was responsible. It is close to impossible to sue a hospital for a doctor’s medical error. Incompetence of one individual is handled differently from errors committed by the entire hospital fraternity.it is important that all the responsible parties be summoned for the law suit.
Again, it is important to obtain medical records. Every hospital is supposed to keep the records of all the patients that have been treated there. The medical records and reports are supposed to act as evidence in the court. This records also come in handy when drafting and filing a complaint. A complaint should include personal details of the patient like their name, the name of the hospital and the doctor in charge, the disease suffered or injury being treated and lastly the harm that the negligence in the hospital caused.
In some cases, the hospital may decide to settle the case outside court when they are sued. An agreement can be reached between the victim and the hospital. Being able to determine the value of the case is therefore important in getting compensation. You should be able to consider all possible losses and the harm caused by the medical negligence. The damages could include wage loss, the pain and suffering caused by the negligence, decreased value of one’s life due to the harm caused by the negligence, the changes in lifestyle and lastly the losses suffered by family members as a result of the medical negligence. It is however important to note that there are procedural rules to be followed. A lawyer can guide you properly in this case.