ABSTRACT
Medical negligence is the grave failure of a medical practitioner to exercise reasonable duty of care in the treatment of a patient thereby leading to damage on the part of the patient. In the Nigerian medical landscape, medical negligence is of grave concern, posing significant risks to patient safety and well-being, A major problem being the lack of political will to spend on our medical facilities, difficulty in proof medical negligence and a general lack of effective regulatory institutions as it relates to medical practice in Nigeria. This work aimed at analyzing the theoretical foundations of medical negligence law in Nigeria with emphasis on the existing legal framework, its objectives being the examination of the concept of duty and standard of care imposed on medical practitioners including an understanding of the combative role of the Medical and Dental Council of Nigeria against medical negligence. In achieving this aim and objectives, the study adopted a doctrinal research method utilizing primary sources of research as statutes, case laws and legal doctrines including secondary sources as books, newspapers and journal articles.
A major finding of this research being that the evident difference between the high frequency of medical negligence occurrences in Nigeria and the low number of filed legal actions highlights a significant paradox which is caused by the cultural and social notions of the Nigerian society. Thus medical negligence and the lack of considerable representation of such cases in our court persist as a paradoxical anathema in our jurisprudence worthy of second thought and action. In view of this, it was lastly recommended that a nationwide healthcare awareness campaign in Nigeria be pursued as a pivotal step in empowering citizens with the knowledge necessary to understand their rights and legal options in cases of medical negligence, and also the healthcare sector be revamped with the state of the art of equipment coupled with thorough training and retraining of our healthcare professionals as these will ensure and create a safer and more just healthcare environment for all Nigerians, ensuring that the pursuit of medical care does not come with undue risks and injustices.
Michael, OD, Understanding the Theoretical and Legal Foundations of Medical Negligence Law in Nigeria (March 29, 2024).
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