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Harare High Court
James Makunura v Miriam Kanyenze
HH 731-18
Case Details
Court
Harare High Court
Date
7 November 2018
Citation
HH 731-18
Neutral Citation
[2018] ZWHH 731
Outcome
unknown
Case Type
Trial
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Delictual LiabilityMedical NegligenceDamages Assessment
Keywords
medical negligencewrongful deathspousal damageschild supportfuneral expenseshypertensioncardiac failure
Tags
medical negligencewrongful deathdamagesprofessional liability
legislation
Statutes Cited
- Civil Evidence Act
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant caused the plaintiff's wife's death through negligence","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant discharged deceased without attending to hypertension; deceased died of cardiac failure due to hypertension"}
- {"issue_text":"Whether the defendant is liable for damages","issue_type":"law","dispositive":"yes","related_facts":"Defendant pleaded guilty to negligence; death certificate confirmed cause"}
- {"issue_text":"What is the quantum of damages","issue_type":"law","dispositive":"no","related_facts":"Plaintiff claimed US$50,000; defendant did not challenge quantum"}
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background
Facts of the Case
Background
The plaintiff sued the defendant, a medical doctor, for negligently causing the death of his wife Mildred Makunura. The defendant operated on the deceased for fibroids in 2010 and discharged her without properly attending to her hypertension. The deceased died three days later from cardiac failure due to hypertension. The defendant pleaded guilty before the Medical and Dental Practitioners Council of Zimbabwe.
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