AN EXAMINATION OF THE LEGAL AND REGULATORY FRAMEWORK FOR MEDICAL NEGLIGENCE IN NIGERIA
Abstract
Medical Negligence is a recurrent challenge in the medical profession as there has been a rise of cases in Nigerian healthcare centers. This occurs when medical practitioners do not exercise due care in the exercise of their professional duties. Medical practice usually involves different activities which if not professionally handled, may give rise to liabilities on the part of the medical practitioner. These liabilities may arise in tortious claims, and in some other cases, may go beyond the realm of civil liabilities to criminal liabilities. The paper aims to examine the legal and regulatory framework for medical negligence in Nigeria. The objectives of the study are: to examine the concept of medical negligence in Nigeria, to examine the liabilities and defences available for medical negligence in Nigeria, and to critically analyse the legal and regulatory framework for medical negligence in Nigeria. The study adopts the doctrinal methodology; therefore, references will be made to primary and secondary sources of law on medical negligence. The primary sources of data which includes statutes and case laws, relies heavily on the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Medical and Dental Practitioners Act 2004 and Judicial decisions. As regards secondary sources, different works of prominent writers, statements of qualified commentators, journal articles, newspapers, seminars and internet materials etc., are also looked into in the work. The paper finds that there has been an increase in reports of medical negligence in Nigeria. It shows that not every action or omission by the medical practitioner may lead to medical negligence, each case would depend on its peculiarity. The work examines the frontier of medical negligence in Nigeria as well as their legal effects with a view of assessing the adequacy of the legal framework in providing succor to victims of medical negligence in Nigeria. The paper concludes that there is a need for the provision of laws for medical negligence in Nigeria, and a reform of the medical malpractice system in Nigeria. It also suggests the sensitization of medical practitioners, and provision of necessary equipment's for medical practitioners.
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