Medical negligence: Appraisal of the Health Act No.24 of 2009

Abstract

It is an undisputed fact that nearly every individual in Zambia has experienced or been affected by an act or omission that may amount to medical negligence. In the normal case of negligence the court is fully competent to lay down what the reasonable man should do in everyday circumstances, because judges are aware of and understand everyday circumstances. But in the case of medical negligence the court may be called upon to measure the reasonableness of medical activity about which the judge has no great level of understanding. It is therefore not only imperative but also important that there should be a legal framework that deals with the issue of Medical Negligence in Zambia. This work therefore seeks to explore and examine the law of medical negligence in Zambia. In this regard the essay will look at the law of medical negligence before the enactment of the Health Professions Act No. 24, of 2009. After the exposition of the above, the essay will proceed to review/appraise the Health Professions Act No. 24, of 2009 and conclude by considering whether the Act is the answer to the issue of medical negligence in Zambia and offer review or amendment of the Act if necessary.