Medical Negligence in Kenya: The Medico-Legal and Ethical Questions

Abstract

The most basic and fundamental value of the practice of medicine dating from antiquity to the present is the preservation of human life. This is because human life is sacred and sacrosanct, and enjoys ecclesiastic blessing. According to Dworkin "the life of a single organism commands respect and protection. No matter in what form or shape, because of the complex creative investment it represents and because of our wonder at the divine or evolutionary processes that produce lives from old ones.1 This much is captured in the Hyppocratic Oath to which every physician and other healthcare professionals must subscribe to in order to practice medicine honestly. In its modified form, physicians swear on their honor inter-alia: ‘That above all else I will serve the highest interest of my patients through the practice of my science and art‘ Over the years the significance and application of the oath has been watered down as it observed more in the breach. Recurrent cases of medical misdiagnosis, negligence and rising cases of malpractices and unethical conducts abound in Kenya. It is in the light of this background that this paper seeks to examine the standard of medical practice in Kenya against the existing legislations vis-avis the roles and function of the Medical Practitioners and Dentists Board and such other allied professional bodies in regulating and enforcing standard in the healthcare sector. Recommendations are made for the establishment of specialized institutions to promote excellence in medical practice.