LEGAL PERSPECTIVES ON LIABILITY FOR MEDICAL NEGLIGENCE AND MALPRACTICES IN NIGERIA

Abstract

This research examines the legal perspectives on liability for medical negligence and malpractices in Nigeria. The research discusses the circumstances that amounts to Medical Negligence and Malpractices in Nigeria. The study also examines the effectiveness of the legal and regulatory framework for combating Medical Negligence and malpractices in Nigeria, and the challenges militating against its effective enforcement. The doctrinal research was adopted for the study. The study finds that for a Doctor to be held liable for breach of duty of care, he must be found to have acted below the standard of care expected of him in the particular circumstance. The study finds that Nigerian laws have made provisions to enable patients who experience medical negligence by medical practitioners to assert his/her claims, especially in court. The study found that there are challenges militating against effective enforcement of these laws, some of which includes: illiteracy/ignorance, unwillingness of medical experts to testify, high cost of litigation, and a dissatisfactory judicial process are some of the challenges associated with providing/curbing medical negligence. The research recommends that there is a need for natural sponsored awareness campaign, thereby awakening their sub-consciousness as to their legal rights. Doctors similarly are not left out, they should be enlightenment and properly informed on their rights and duties expected of them by their patients. The research concludes that the Nigerian Government, Private Organization and other Specialized Agencies should make efforts to improve its health care system, especially the great deficit in good health care facilities. This is because the gross inadequacy of good medical facilities is a major cause of the injuries that patients suffer in the hospital and has aided or contributed to the negligence and malpractices of doctors.

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urn:uuid:a931a7d7-8035-4456-b5cf-9b6e55782834