ESTABLISHING DUTY OF CARE IN MEDICAL NEGLIGENCE

ABSTRACT The concept of duty of care is foundational in the law of medical negligence, serving as the basis for ensuring accountability and safeguarding patient rights within the healthcare system. This study examines the historical evolution, legal framework, and practical application of the duty of care in medical negligence, with a specific focus on the Nigerian context. Drawing from statutory provisions, judicial precedents, and scholarly analysis, the research highlights the essential elements required to establish a duty of care, such as the existence of a patient-doctor relationship and the foreseeability of harm. The essay further explores common challenges in enforcing duty of care in Nigeria, including legal ambiguities, systemic inefficiencies, and limited access to justice for victims. Comparative insights from other jurisdictions are provided to underscore potential areas for reform. The findings reveal that while Nigerian courts have made strides in broadening the scope of duty of care, gaps in implementation persist, necessitating legal reforms and improved institutional frameworks. This research concludes that strengthening the application of duty of care through clearer statutory definitions, enhanced professional accountability, and increased public awareness can significantly improve the quality of healthcare delivery and foster greater trust in the legal and medical systems.