Ethics Of Medical Malpractice

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INTRODUCTION
For years medical malpractice has receiver much global attention both negatively and positively. There appears to be a tendency of allegations of medical malpractice that go unreported with the patients only communicating this kind of information in other media other than the body that does regulation of medical practitioners or the courts. In real meaning there are several unspoken possible cases of medical malpractice which have remained unaddressed generally since the victims either lack confidence in the professional regulatory bodies or are frightened of the processes and complications coupled with the court process. This is in relation to bearing in mind that instituting such petitions against medical practitioners or the
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This begs the query, what has transpired to their commitment taken on oath to use their skills only for the benefit of their patients? The society’s anticipations of principled conduct from the medical practitioners have been unceasingly dropped by what looks to be a total disregard for the long-established trust that has existed between the patient and the doctor. A medical practitioner and a patient’s relationship is always a special one and technically privileged because it depends on the trust that the patient has in the practitioner’s professionalism. The medical practitioners must therefore have a primary responsibility that guides them to act in the best interest of their patients without an influence of personal consideration…show more content…
Malpractice cases presented to the Board in the past have often ended with a lenient penalty, suspensions of one year for the felonious doctor and/or a proposal for retraining or simply practitioners being cautioned. This could, to some extent, be attributed to the conflict of interest present in the double role the Board plays. It has been mandated with regulating medical practice and also representing medical practitioners thereby causing the suspicion that the Board is more geared towards supporting doctors as opposed to protecting the patients. Separating regulatory functions from representative bodies in most cases causes the risk of conflict of interest .
In addition the Board at times drops some cases without due diligence while exercising their responsibility to establish whether they will take up a grievance. In the case of M.N.N v AG of Kenya the Board was heavily criticized for dismissing the claims of M.N.N minus justification and without allowing her to present the case. In this case, woman had her genitals mutilated without her consent or knowledge in a private hospital and was repulsed by the police and the Board upon presenting her

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