Rwanda Case Law

N.A (mu izina ry’ umwana we I.A) v KIBUNGO MEDICAL CENTER

Court

Court of Appeal

Case number

RCAA 00008/2020/CA

The Court of Appeal held that, in the absence of a specific statutory standard for medical malpractice damages, the trial court correctly exercised its discretion to award damages based on the severity and permanence of the injury (50% permanent disability). The High Court erred by applying the presidential decree on motor vehicle accident compensation, which is inapplicable to medical malpractice. The original damages award of 35,000,000 Frw was reinstated, with the insurance company liable up to its contractual limit of 2,000,000 Frw. Prior payments for medical care and expert fees were not…

Source excerpt

• Medical negligence
• Vicarious liability
• Assessment of damages
• Insurance liability
• Judicial discretion in damages

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N.A (mu izina ry’ umwana we I.A) v KIBUNGO MEDICAL CENTER

Court

Court of Appeal

Case number

RCAA 00008/2020/CA

Damages for medical malpractice resulting in permanent bodily injury must be assessed by the court in its discretion (ex aequo et bono), not by reference to the Presidential Decree on motor vehicle accidents, as there is no statutory scale for such injuries in Rwanda. The High Court erred by reducing damages based on an inapplicable statute. The original damages awarded by the Intermediate Court are reinstated, with the insurer's liability limited to the contractual amount.

Source excerpt

• Vicarious liability
• Assessment of damages
• Medical negligence
• Compensation for bodily injury
• Insurance coverage limits

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MUGABEKAZI v KING FAISAL N’ABANDI

Court

Intermediate Court

Case number

RC 00118/2019/TGI/GSBO

The Gasabo Intermediate Court held King Faisal Hospital and Rwanda Military Hospital liable for an unnecessary breast removal after a misdiagnosis and failure to re-test.

• Medical negligence
• Patient rights
• Compensation for medical injury
• Hospital liability
• Standard of care
• Damages for loss of body part

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TUKAKIRA N’ABANDI v. HOPITAL LA CROIX DU SUD N’ABANDI_kn

Court

High Court

Case number

RCA00321/2016/HC/KIG RCA00320/2016/HC/KIG RCA00322/2016/HC/KIG RCA00336/2016/HC/KIG

The High Court upheld liability against ABACUS Pharma Rwanda Ltd for harm caused by defective lidocaine 2% and dismissed the appeals. The hospital was not held liable.

• Product liability
• Medical negligence
• Damages
• Causation
• Pharmaceutical regulation
• Product-liability

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