EVIDENTIAL CHALLENGES IN PROVING BREACHES OF STANDARD OF CARE AND CAUSATION IN CASES OF MEDICAL NEGLIGENCE IN NIGERIA

Medical negligence constituted a complex intersection of professional medical judgment and legal liability, yet proving such claims remained a significant challenge for plaintiffs in Nigeria. This study critically examined the evidential challenges involved in proving breaches of the standard of care and causation in medical negligence litigation. Adopting a doctrinal methodology, the research relied on primary statutes, including the Evidence Act 2011, and judicial precedents to evaluate the standards applied by Nigerian courts. The study found that the enforcement of accountability was hindered by severe systemic obstacles, primarily the difficulty in accessing medical records due to institutional non-disclosure and the scarcity of independent expert witnesses willing to testify against professional colleagues. Furthermore, the analysis revealed that Nigerian courts generally adhered to strict evidentiary standards and were reluctant to apply the doctrine of res ipsa loquitur, thereby placing a heavy burden of proof on victims who lacked technical expertise. To enhance access to justice, the study recommended the codification of clear statutory guidelines, the establishment of specialist medical negligence tribunals, and the introduction of independent expert panels to provide neutral testimony. These reforms were considered essential to balancing professional protection with the necessity of ensuring valid redress for victims of medical malpractice