AN APPRAISAL OF TORTIOUS LIABILITY OF A MEDICAL PRACTITIONER IN NIGERIA

ABSTRACT Without doubt , the medical profession in Nigeria and in the World at large has been and will continue to be of much relevance to the human populace in that lives are being improved upon through the noble profession. Medical personals are being seen as demi-gods when it comes to the issue of rescuing lives from ailments and death. As a result of this understanding, much is expected from a medical personnel in the course of discharging his duty of care having held himself out to be one. The study appraised the tortious liability of medical practitioners in Nigeria and also evaluate the extent to which the law has gone to provide safeguards against the issues of medical negligence in Nigeria which most often forms the basis of all tortious liability under the Nigerian legal system. The research aims to examine the existing legal framework regulating medical practice in Nigeria and investigate the various ways tortious liability arises in this context. It explores the concept of duty of care to understand the expectations placed on healthcare professionals regarding patient care and safety. Additionally, it appraises the obligations and responsibilities medical practitioners owe to their patients under Nigerian law. The research also seeks to identify patterns, trends, and key factors influencing court decisions related to tortious liability in the healthcare sector. The research primarily employed a doctrinal methodology, analyzing both primary and secondary sources of law relevant to medical malpractice. Primary sources included statutes such as the Medical and Dental Practitioners Act 2004 and the National Health Act 2014, as well as case laws. Secondary sources encompassed expert opinions from articles, journals, conferences, seminar papers, textbooks, newspapers, magazines, and internet materials. All sources of information were subjected to context and contextual analysis to ensure a comprehensive understanding of the topic. The study found that there are many regulatory agencies in Nigeria for the protection of end users of medical products and for the enhancement and preservation of standards. The study also found that ethics and regulations play a vital role in ensuring the integrity and quality of medical practice in Nigeria. The study concluded on the need for heightened awareness of legal implications in medical practice and a robust legal framework to address negligence. It highlights the importance of evaluating common defenses to protect patients' rights and fostering a cultural shift towards recognizing medical malpractice. Enhancing patient-provider trust and public education on rights is essential for improving healthcare standards.