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Bulawayo High Court
Mavis Kufazvinei and Mutemo Mangwiro v Susan Mangoza and Mclean Rusakaniko and Mpilo Hospital and Minister of Health and Child Welfare
HB 189/22
Case Details
Court
Bulawayo High Court
Date
14 July 2022
Citation
HB 189/22
Neutral Citation
[2022] ZWHB 189
Outcome
unknown
Case Type
Trial
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
DelictMedical negligenceDamages
Keywords
medical negligencenervous shockpain and sufferingwrongful deathdamages
Tags
medical negligencewrongful deathdamagesnervous shock
legislation
Statutes Cited
- No statutes were cited in this judgment. The court relied entirely on common law principles and case law authorities.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the death of plaintiffs' son was caused by negligence of defendants","issue_type":"fact","dispositive":"no","related_facts":"Administration of anaesthetic without supervision, failure to assess asthmatic condition"}
- {"issue_text":"Whether plaintiffs suffered actionable harm as result of defendants' negligence","issue_type":"law","dispositive":"yes","related_facts":"No evidence of physical injury or medical treatment for shock"}
- {"issue_text":"Whether plaintiffs entitled to damages for shock, pain and suffering","issue_type":"law","dispositive":"yes","related_facts":"Shock not accompanied by physical injury or illness"}
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background
Facts of the Case
Background
The plaintiffs, parents of the deceased Darlington Takunda Mangwiro, sued defendants for damages after their 23-year-old son died during a bilateral polypectomy procedure at Mpilo Hospital. The first and second defendants administered anaesthetic without proper supervision or assessment of the deceased's asthmatic condition, leading to his death.
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