EXAMINING THE NIGERIAN LEGAL FRAMEWORK ON MEDICAL NEGLIGENCE: CHALLENGES AND OPPORTUNITIES

Medical negligence infers the failure of a medical practitioner to exercise reasonable duty of care in the treatment of a patient, ultimately causing further damage to the patient. Nigeria is replete with instances of medical practitioners conducting operations in a lackadaisical manner which tends to cause harm to the patient in the long run. This research therefore examines the extant legal framework on medical negligence in Nigeria. The objective of this research is to analyze how these legal instruments address medical negligence and assess both the challenges and opportunities that lie within the system. In achieving this objective, this research explores the core elements of establishing negligence such as duty of care, breach of duty, causation, and damages. In executing this research, the doctrinal methodology was adopted, involving an in-depth analysis of legal principles, statutes, and judicial decisions. Statutes, case law, legal documents, articles, publications, textbooks, journals, and other secondary sources were consulted to reach the conclusions made in this research. The study also embarks on a comparative analysis of other jurisdictions in order to adopt relevant legal lessons for addressing medical negligence in Nigeria. Among many discoveries, this research finds that there is a stark contrast between the frequency of medical negligence reports and the rate of actual litigation in Nigeria. Despite numerous cases of medical errors and substandard care, very few victims pursue legal action, resulting in a significant justice gap. Reasons for this include widespread ignorance of legal remedies, cultural factors, high litigation costs, lengthy judicial processes, and the difficulty of proving negligence. These represent part of the systemic and structural challenges facing the Nigerian legal framework on medical negligence. Furthermore, the research found that legal provisions governing medical negligence, such as those in the Criminal Code and Medical and Dental Practitioners Act, lack clarity and specificity, leading to inconsistent interpretation and enforcement. Sanctions provided under the regulatory framework are often insufficient to deter egregious violations, while mechanisms for reporting negligence remain largely underutilized due to limited public awareness. These issues are exacerbated by the absence of periodic review of regulatory laws and inadequate guidelines for disciplinary proceedings. However, the study also identifies critical opportunities for reform. These include the possibility of enacting medical-specific negligence legislation, strengthening institutional enforcement capacity, enhancing public legal education, and encouraging judicial specialization. The findings underscore the need to revise existing legal standards, clarify procedural mechanisms, and improve access to justice for victims of malpractice. In conclusion, this research highlights the urgent necessity for systemic improvements in Nigeria's legal and healthcare systems. By confronting the outlined challenges and harnessing the available opportunities, Nigeria can foster a more accountable healthcare environment where patients' rights are safeguarded and medical practitioners are held to the highest standards of professional care.