TORTIOUS LIABILITY OF MEDICAL PRACTITIONERS IN NIGERIA AN APPRAISAL.

This thesis entitled, "Tortious Liability of Medical Practitioners in Nigeria: An Appraisal," Examines critically, the civil (tortious) Liability of Health care providers in Nigeria. In Nigeria, there is very little awareness that medical professional duties carry legal implications. The conduct of professional people in the medical field, positive or negative, does not only affect their employers but impact directly on third parties. Consequently, liability will arise both against the employer and the employee professional, in the event of a broach of duty by the latter to act with reasonable care and diligence. The Law is therefore, well settled that medical men owe duty in tort,i.e. civil wrongs to their patients whether there is a contract with the patient or not. Unfortunately, this aspect of the laws is not properly exploit in Nigeria especially in the Northern part, due to low level of awareness and cultural norms in which every mishap is attributed to God's will. Secondly, the cost of litigation is high and even with the undeveloped Legal Aid System in Nigeria, not everybody is eligible for legal aid. The purpose of the study is to examine the tortious liability of medical practitioners in Nigeria and raise awareness about the legal implications of their actions. This research is crucial as it highlights the responsibilities of healthcare providers and the impact of their conduct on patients and third parties. The study utilizes a critical appraisal approach to analyze the civil (tortious) liability of medical practitioners in Nigeria. It discusses negligence as the basis of liability, explores instances of civil medical malpractice, and delves into the liabilities of quacks and native doctors. Trespass and criminal liability of medical practitioners, as well as the liability of hospital managements, are also examined. The research further explores defenses and remedies to tortious liability in Nigeria. In summary, the study emphasizes the importance of understanding the legal duties of medical practitioners in Nigeria and the need for reforms in the area of medical malpractice law. It sheds light on significant trends and patterns observed in medical malpractice cases, highlighting the complexities and challenges faced in addressing tortious liability in the country.