A REVIEW OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR CRIMINAL NEGLIGENCE IN NIGERIAN HEALTHCARE SECTOR
Abstract
This study critically examines the legal and institutional frameworks governing criminal negligence in Nigeria’s healthcare sector. It investigates how existing statutory provisions, such as the Criminal Code Act 2004, Penal Code Act 2004, Medical and Dental Practitioners Act 2004, and the National Health Act 2014,address criminal liability for gross medical misconduct. Despite the existence of these laws, enforcement remains weak, plagued by outdated legislation, bureaucratic inefficiencies, and lack of coordination among regulatory bodies such as the Medical and Dental Council of Nigeria (MDCN) and the judiciary. Through a doctrinal legal research approach, this work identifies key challenges including low public awareness, poverty, weak complaint systems, and insufficient oversight mechanisms. It also explores the historical evolution of criminal negligence in Nigeria, theoretical underpinnings like the Gross Negligence Doctrine and deontological ethics, and current efforts toward reform. The study concludes that a comprehensive review of legal provisions, stronger institutional synergy, and increased ethical accountability are essential to improving justice for victims and fostering patient safety. Recommendations are offered to enhance legal clarity, professional regulation, and public engagement to ensure more effective prevention and prosecution of criminal negligence in the Nigerian healthcare system.
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