Breach of contract by healthcare practitioner: Scenario
- A doctor suspects that his patient is suffering from malaria, and sends a sample of the patient’s blood to the local pathology laboratory. He tells the laboratory that he needs the results urgently. When he receives the laboratory results for his patient, he sees that the patient has cerebral malaria and needs urgent treatment or he will die. He tries to call the patient but has the wrong cell number. He then tries to WhatsApp the patient but the message is not delivered. His secretary has the patient’s wife’s address and cell number but the doctor does not instruct her to call the wife. Five days later the patient dies from the cerebral malaria.
- Did the doctor act ethically and legally in this matter. Was this a breach of contract? If so, why? If not, why not?