November 30, 2018 | Medical Negligence | No Comments
By definition medical malpractice or negligence is the act of omission by a medical professional during the treatment of a patient that would result in injury or death. Each country has their own protocols, standards and medical negligence solicitors determining the validity of each case. In Mutare, a Zimbabwean farmer awarded £20,000 after negligence leads to wife’s death as a settlement over an 8-year medical malpractice suit.
Over the years, the medical negligence cases have skyrocketed in the capital of Zimbabwe alone. An estimated total of £1,000,000 has been given to victims of medical malpractice in 2018 with cases varying from simple misdiagnoses to serious physical impairment and even death. The settlement process is quite tedious as the laws of the country may not be as perfect as one would think it would be. Most physicians would be able to get out of a case with the multiple loopholes the law allows, leaving absolutely nothing to the family of the victim.
James and Mildred Makunura were married for 40 years, with a very lucrative agricultural business. After being diagnosed and referred to a surgeon, the Makunuras went to the General Hospital of Mutare for treatment. The surgery itself was a success. Postoperative complications are common in any hospital, it’s just a matter of following the proper protocol prior to discharge. In this case, the worst was not yet over.
Mr. James Makunura, a Zimbabwean farmer awarded £20,000 after negligence leads to wife’s death is one of the few people who was lucky enough to get a decent settlement after going through years of court visits and thousands of legal fees. Judge Tagu of the Supreme Court ordered Dr. Miriam Kanyenze to settle £20,000 to Mr. Makunura after evidence proved that his wife died due to faulty medical treatment under Dr. Kanyenze care.
Mrs. Mildred Makunura was discharged by Dr. Kanyenze following a standard surgical procedure. Dr. Miriam Kanyenze, the surgeon in the case denied allegations of negligence saying that the patient was discharged by a Cuban consultant and not him, and she was no longer his patient when it happened. However, according to evidence presented in court, Dr. Kanyenze neglected to completely check his patient prior to giving Mr. Makunura the discharge papers.
Her blood pressure was significantly increased meaning a hypertensive episode had occurred and the patient is in danger of a stroke. Having overlooked this detail resulted in the patient’s death when Mrs. Makunura was nowhere near a medical facility when the stroke occurred. Mr. Makunura stated that had it not been because of this lapse in judgment on the physician’s end, his wife would have not passed and their family would have not incurred funeral expenses.
Dr. Kanyenze’s defense was dismissed during the trial when he had admitted his own negligence on the stand while recounting the events that lead to Mrs. Makunura’s death. The multiple inconsistencies in his statement ultimately lead to his conviction. Mr. Makunura initially filed for £50,000 worth in damages and emotional distress due to the incident, but Judge Tagu noted that the amount was too high and reduced it to £20,000 saying that a reasonable amount should be granted. After 8 long years, Mr. Makunura, a Zimbabwean farmer awarded £20,000 after negligence leads to wife’s death proves that there is justice for those who seek it.