MEDICAL NEGLIGENCE

Understanding Medical Negligence in Kenya

Medical negligence occurs when a healthcare provider fails to meet the

standard of care expected of a reasonably competent medical professional,

resulting in injury, harm, or loss to a patient. While not every unsuccessful

treatment amounts to negligence, healthcare providers have a legal duty to

exercise reasonable skill, care, and diligence in treating patients.

Under Kenyan law, a successful medical negligence claim generally requires

proof of four key elements:

 A duty of care existed between the healthcare provider and the patient;

 The duty was breached through an act or omission;

 The breach directly caused injury or harm; and

 The claim is supported by sufficient evidence.

Access to Medical Records

Medical records often form the foundation of a medical negligence claim.

Patients are entitled to access their own medical records, including treatment

notes, consent forms, nursing records, and operation notes, subject to the

provisions of the Health Act and the Access to Information Act.

In certain circumstances, the immediate family of a deceased patient may also

access medical records to establish the cause of death or seek further medical

opinions.

How to Pursue a Medical Negligence Claim

Before commencing legal proceedings, it is important to gather all relevant

information and determine whether the healthcare provider's actions fell below

the required standard of care. Independent expert medical opinions are often

necessary to establish negligence and causation.

 Depending on the circumstances, an affected patient may:

 Lodge a complaint with the relevant medical regulatory body;

 Seek access to medical records and supporting evidence;

 Issue a demand letter; and

 Institute legal proceedings against the responsible healthcare provider or

hospital.Can a Hospital Be Held Liable?

Yes. Hospitals owe a direct duty of care to their patients and may be held liable

for negligence arising from their systems, policies, equipment, or the actions of

their medical staff. In many cases, hospitals can also be held vicariously liable

for the negligent acts of doctors, nurses, and other healthcare professionals

working under their supervision.

How We Can Help

At Maxwell & Associates, we assist individuals and families in assessing

potential medical negligence claims, obtaining critical medical records,

engaging independent experts, and pursuing appropriate legal remedies. Our

approach combines careful legal analysis with a practical understanding of the

sensitive and often life-changing circumstances surrounding medical

negligence matters.