Medical Negligence Claims: What to do if a healthcare provider’s error causes harm.

When you visit a hospital or clinic in Machakos, you trust that the doctor, nurse, or surgeon will act with reasonable skill and care. But medical errors happen – misdiagnosis, surgical mistakes, birth injuries, wrong medication, or failure to warn of risks. If such an error causes you harm, you may have a medical negligence claim. This guide explains the legal elements required, the steps to take, and the compensation available.

Key law: Medical negligence is a form of professional negligence. The claimant must prove: (1) the healthcare provider owed a duty of care, (2) they breached that duty by falling below the accepted standard, and (3) the breach caused quantifiable harm.

What Counts as Medical Negligence?

Failure to diagnose a treatable condition (e.g., cancer, infection).
Surgical instruments left inside the body.
Wrong‑site surgery or amputation of the wrong limb.
Birth injuries leading to cerebral palsy or brain damage.
Prescribing wrong medication or dosage.
Lack of informed consent – not warning about serious risks.

Steps to Take After Suspected Negligence

Preserve evidence: Request copies of all medical records (treatment notes, lab results, consent forms). Do this before any confrontation.
Seek a second opinion from an independent specialist to confirm the error.
Request a medical report from your new doctor detailing the injury, standard of care breach, and prognosis.
Report to the hospital’s management – sometimes they offer an out‑of‑court settlement.
Consult a lawyer to assess the strength of the claim and the limitation period.

Time limit: Generally, you must file a lawsuit within 3 years from the date the negligence occurred (or from when you became aware of it). For minors, the time starts when they turn 18. For deceased estates, 3 years from death.

Proving Medical Negligence

Unlike other personal injury claims, medical negligence almost always requires expert evidence – a qualified doctor in the same specialty who can testify that the defendant deviated from accepted practice. The courts in Kenya (High Court and Court of Appeal) have set a high bar; not every bad outcome is negligence.

Compensation You Can Claim

General damages – for pain, suffering, loss of amenities (e.g., loss of a limb, permanent disability).
Special damages – quantifiable financial losses: additional medical expenses, transport, lost income (past and future).
Future care costs – if the victim requires lifelong nursing or assistive devices.
Dependants’ claim – in case of death, dependants can claim loss of dependency under the Fatal Accidents Act.

"A bad outcome is not automatically negligence. However, when a doctor ignores clear symptoms, fails to order standard tests, or operates on the wrong site, the law must hold them accountable. Your suffering should not be in vain." — Naomi Mutinda, Medical Negligence Advocate

Musyoka & Mutinda Advocates works with independent medical experts to build strong negligence claims. We offer a no‑win, no‑fee structure for selected cases. Contact us to review your medical records.