Before taking on a medical negligence case, our solicitors will check that you have a valid claim. We will need to establish that:

1. You were owed a duty of care by the healthcare provider. This duty is usually automatically established when a doctor-patient relationship exists.

2. The clinician breached their duty of care. This typically involves demonstrating that their actions or omissions fell below the standard of care expected from a reasonable and competent healthcare professional. Sometimes, this is obvious, for example, if an instrument is left inside you after surgery, but more often it requires extensive medical evidence.

3. The medical professional’s negligence directly caused your injury or worsened your condition. This is known as ‘causation.’ For example, imagine if a patient visits their general doctor several times with signs of cancer but the doctor doesn’t refer them for tests. The doctor’s actions may be negligent, but proving causation is more complex. It requires expert evidence to show that if the referral had been made earlier, treatment could have started sooner and that would have led to a better outcome.

4. You suffered actual harm, injury, or financial loss due to the negligence. This can include physical injury, emotional distress, medical expenses, loss of income, or other damages.

5. The incident happened within the past three years or you became aware of the negligence no more than three years ago. There are a few exceptions to this rule but, generally, claims made after three years are considered time-barred and will not be accepted by the court.

Medical misdiagnosis – where a condition gets missed and goes undiagnosed or when a diagnosis is wrong, including misdiagnosis of cancer.

Pregnancy and birth injuries – sustained by the mother or baby during pregnancy, labour or after birth.

Prescription errors – you have been prescribed the wrong medication, incorrect dosage or together with another drug that shouldn’t be taken together.

Mistakes during surgery – include incidents where the wrong operation was performed, infections caused by poor hygiene and cosmetic surgery that has led to disfigurement or scarring.

Negligent clinical advice – failure to warn of risks, including making alternative treatments clear so that you could make an informed decision.

Various medical professionals can be liable for negligence if they fail to meet the expected standard of care, causing harm to a patient. These professionals can include:

General practitioners (GPs ) – General practitioners (GPs ), specialists, surgeons, and hospital doctors can all be held accountable for medical negligence.

Nurses, nurse practitioners, and other nursing staff members may be liable if they breach their duty of care to a patient.

Dentists – Dentists and orthodontists can be liable for negligence if they provide substandard care or make mistakes during dental procedures.

Pharmacists – who dispense medication incorrectly or provide incorrect information about medications.

Midwives – can be sued for negligence if they fail to provide appropriate care before, during, or after childbirth, leading to harm to the mother or baby.

Anesthesiologists – who administer anaesthesia incorrectly or fail to monitor a patient’s vital signs during surgery.

Ophthalmologists – (eye care professionals) if they provide incorrect prescriptions, misdiagnose eye conditions, or perform eye surgery incorrectly, and.

Radiologists who misinterpret medical imaging, such as X-rays or MRIs, and provide inaccurate diagnoses.

Medical negligence claims are subject to strict time limits, which, if missed, means you could lose the opportunity to pursue your case forever. This time limit is known as the limitation period.

The law governing the medical negligence limitation period is set out in The Limitation of Actions Act, Cap 22, Laws of Kenya. In short, you must issue a Claim at Court within three years of the date of negligence or the date you first knew about the negligence, whichever is later.

The three years can slip by quickly, and delay increases the risk of losing vital evidence. Therefore, we recommend consulting a solicitor, ideally no later than 12-18 months after the incident of negligence, to avoid the problems caused by delay and to give your claim the best chance of success.

Suppose someone has died due to medical negligence. In that case, the limitation period is calculated to expire three years from the injured person’s death date or the date of the Personal Representative’s knowledge, whichever is the latter.

Where the person bringing the claim lacks mental capacity, there is no time limit for issuing court proceedings. Assessing capacity is not always straightforward, and solicitors must tread carefully when determining whether their client lacks the capacity to make their own decisions.

The limitation period for any claim brought by a child (defined as those under the age of 18) does not begin to run until the date of their 18th birthday, which effectively means that they have until their 21st birthday to issue court proceedings.

Where the person bringing the claim lacks mental capacity, there is no time limit for issuing court proceedings. Assessing capacity is not always straightforward, and lawyers must tread carefully when determining whether their client lacks the capacity to make their own decisions.

It is very difficult to say exactly how long a medical negligence claim will take from start to finish. It depends on the nature of your case, the complexity of your case, and how long it takes to obtain all the evidence (medical records, witness statements, medical reports, etc).

It also depends on the stance the Defendant takes. If the Defendant admits liability for your injury, we can apply for an interim payment of damages on your behalf to assist in speeding up the litigation process.