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Harare High Court
Nyashadzhashe Ruth Sai v Medical Investments Limited t/a Avenues Clinic
HH 26-17
Case Details
Court
Harare High Court
Date
18 January 2017
Citation
HH 26-17
Neutral Citation
[2017] ZWHH 26
Outcome
unknown
Case Type
Trial
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Medical negligenceDelictual liabilityContract law
Keywords
miscarriagehospital negligencebreach of contractabsolution from instancemedical malpractice
Tags
medical negligencehospital liabilitymiscarriagedamages
legislation
Statutes Cited
- N
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- n
- e
- c
- i
- t
- e
- d
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff established a prima facie case of negligence against the hospital","issue_type":"mixed","dispositive":"yes","related_facts":"Delay in nursing care, alleged failure to inform doctor, miscarriage circumstances"}
- {"issue_text":"Whether there was a breach of contract between plaintiff and hospital","issue_type":"law","dispositive":"yes","related_facts":"Absence of contract evidence, admission terms"}
- {"issue_text":"Whether the claimed damages of US$400,000 were justified","issue_type":"law","dispositive":"no","related_facts":"Plaintiff's inability to explain quantum"}
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background
Facts of the Case
Background
The plaintiff sued the defendant hospital for US$400,000 in damages alleging negligence that led to her miscarriage while admitted at Avenues Clinic in January 2014. She claimed the hospital breached its contractual and legal duties by failing to provide adequate medical care and privacy during her miscarriage.
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