Uganda Case Law

Nabbale and 2 Others v The Registered Trustees of Kampala Archdiocese T/A St. Francis Hospital Nsambya

Nabbale and 2 Others v The Registered Trustees of Kampala Archdiocese T/A St. Francis Hospital Nsambya (Civil Appeal 49 of 2021) [2024] UGHCCD 144 (6 September 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 49 of 2021

Judge

Musa Ssekaana, J

The High Court dismissed an appeal over alleged medical negligence in a premature infant’s blindness, holding the hospital acted reasonably in prioritizing lifesaving care.

• Medical Negligence
• Duty Of Care
• Standard Of Care
• Informed Consent
• Expert Evidence
• Medical-negligence

Emma (suing through Aulo Emma mother and next friend ) v Doctors Hospital Sseguku Limited )

Emma (suing through Aulo Emma mother and next friend ) v Doctors Hospital Sseguku Limited ) (Civil Appeal 4 of 2022) [2023] UGHCCD 273 (22 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 4 of 2022

Judge

Musa Ssekaana, J

The court found that the Uganda Medical and Dental Practitioners Council properly applied the established principles of medical negligence, evaluating whether the respondent's medical personnel deviated from accepted standards of care. The evidence showed that the medical staff acted in accordance with recognized protocols for managing extravasation injury, including timely removal of the cannula, pain control, and referral for further treatment. Expert opinions relied upon by the appellants were found to be based on hearsay and not substantiated by a review of the patient's file. The court h…

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• Medical Negligence
• Duty Of Care
• Standard Of Care
• Expert Evidence
• Appeal Procedure

Keita and 2 Others v Kitagenda District Local Government and 2 Others

Keita and 2 Others v Kitagenda District Local Government and 2 Others (Civil Suit 48 of 2022) [2023] UGHCCD 220 (8 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 48 of 2022

Judge

Wagona, J

The High Court overruled preliminary objections on locus standi and cause of action in a wrongful-death claim arising from alleged medical negligence.

• Medical Negligence
• Wrongful Death
• Locus Standi
• Cause Of Action
• Wrongful-death
• Medical-negligence

Nabwani v Dr. Bitamazire

Nabwani v Dr. Bitamazire (Civil Appeal No. 39 of 2016) [2022] UGHCCD 98 (26 May 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 39 of 2016

Judge

Byaruhanga Rugyema, J

The High Court dismissed an appeal challenging a medical council decision, finding the appellant did not prove her uterus was unlawfully removed during surgery.

• Medical Negligence
• Professional Misconduct
• Burden Of Proof
• Consent In Medical Procedures
• Medical-negligence
• Professional-misconduct

Atcero v Women's Hospital International And Fertility Centre Ltd & 2 Others

Atcero v Women's Hospital International And Fertility Centre Ltd & 2 Others (CIVIL SUIT NO. 298 OF 2012) [2020] UGHCCD 13 (13 March 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 298 OF 2012

Judge

Musa Ssekaana, J

The High Court found medical negligence in a fatal surgery, awarding damages for loss of earnings and burial expenses while rejecting most special damages.

• Medical Negligence
• Wrongful Death
• Hospital Liability
• Professional Misconduct
• Medical-negligence
• Wrongful-death

Kabiito V Attorney General & 2 Others

Kabiito V Attorney General & 2 Others (CIVIL SUIT NO. 26 OF 2012) [2019] UGHCCD 197 (3 October 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 26 OF 2012

Judge

Musene, J

The High Court held the defendants liable for medical negligence in the death of the plaintiff’s wife during childbirth and awarded special and general damages.

• Medical Negligence
• Vicarious Liability
• Wrongful Death
• Loss Of Dependency
• Damages Assessment
• Hospital Liability

Kasaira & 5 Ors v The Registered Trustees of Nebbi Catholic Diocese

Kasaira & 5 Ors v The Registered Trustees of Nebbi Catholic Diocese (CIVIL SUIT No. 0020 OF 2016) [2017] UGHCCD 137 (26 October 2017)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 0020 OF 2016

Judge

Stephen Mubiru, J

The court found that a doctor-patient relationship existed and that the defendant's agents, specifically the surgeon and anesthetist, failed to meet the standard of care required of reasonably competent medical professionals. The failure to monitor vital signs, use available equipment (pulse oximeter), and respond appropriately to intubation difficulties constituted negligence. The court held that the deceased's brain death and subsequent demise were a direct and substantial result of this negligence, with no intervening cause breaking the chain of causation. The court further found that the…

Source excerpt

• Medical Negligence
• Wrongful Death
• Vicarious Liability
• Loss Of Dependency
• Damages Assessment
• Informed Consent

Semambo v Registered Trustees of Kampala & Ors (HCT-00-CV-CS-0435-2002)

Semambo v Registered Trustees of Kampala & Ors (HCT-00-CV-CS-0435-2002) [2016] UGHCCD 19 (20 April 2016)

Court

HC: Civil Division (Uganda)

Case number

HCT-00-CV-CS-0435-2002

Judge

Musota, J

The High Court dismissed a medical negligence claim over a boy’s amputated hand, finding no proved breach of duty and accepting expert evidence on causation.

• Medical Negligence
• Duty Of Care
• Vicarious Liability
• Standard Of Care
• Causation
• Damages

Kinyera v Gulu Independent Hospital

Kinyera v Gulu Independent Hospital (Civil Suit No. 070/2008) [2011] UGHC 195 (6 January 2011)

Court

High Court of Uganda

Case number

Civil Suit No. 070/2008

Judge

Kasule, J

The High Court of Uganda held Gulu Independent Hospital liable for negligent treatment that led to gangrene and amputation, awarding damages and costs.

• Medical Negligence
• Vicarious Liability
• Personal Injury
• Damages Assessment
• Medical-negligence
• Vicarious-liability

Katende v Attorney General

Katende v Attorney General (Civil Suit 738 of 1989) [1992] UGHC 77 (12 June 1992)

Court

High Court of Uganda

Case number

Civil Suit 738 of 1989

Judge

Egonda-Ntende, J

The High Court held the Attorney General liable for negligence after Mulago Hospital staff damaged the plaintiff’s radial nerve during surgery.

• Medical Negligence
• Personal Injury
• Damages Assessment
• Hospital Liability
• Medical-negligence
• Personal-injury