The myth on the enforcement of medical negligence in Tanzania mainland: the case study of Dar es Salaam city

This dissertation examines the myth on the enforcement of the tort of medical negligence in Tanzania Mainland. In the source of writing this work, the following hypothesis was developed as hereunder, that is: whether in an environment whereby negligent Acts in medical practice are very common, the enforcement of the tort of medical negligence is effectively and adequately made in relation to people with various claims within the existing predisposing factors. It is the cardinal principle of law, that, it is in the best interest of justice that, the victims of negligence must be compensated for injuries suffered as a result of negligent acts of the defendant. This has always been an uphill task for most victims due to various reasons discussed. Because of this the study tries to find out the factors affecting the efficacy of the law of tort in matters of medical negligence on the one hand and motivate the better standards of care by medical practitioners, on the other. This work is divided into the following five chapters. Chapter one deals with the theoretical basis of the study. The next chapter traces the genesis and position of the tort of negligence generally. Chapter three examines and critically analyses the trends in medical negligence specifically. The purpose is to lay down the foundation and understanding of what exactly amounts to medical negligence in medical practice. The fourth chapter is about the presentation and data analysis. The chapter discusses the responses from various respondents who took part in the research. The premise for this discussion is based on a number of variables. Lastly this work is completed by drawing general conclusions and recommendations from what prevailed in the other chapters of this study.