MEDICAL NEGLIGENCE: AN APPRAISAL OF THE DUTIES AND LIABILITIES OF THE MEDICAL PRACTITIONERS

Abstract

This research work examines the law of medical negligence and its legal framework. The medical field is one of the most referred and reverenced profession in that it deals with the lives of human beings. These patients go through tests, operations, diagnosis and these medical professionals are sometimes negligent as regards adhering strictly to their professional code of conduct. A medical practitioner owes certain duties to his patient and a breach of any these duties gives a cause of action for negligence against the medical practitioner. This research considers the law of medical negligence, breach of duty of care and standard of care. It considers factors responsible for the prevalence of medical negligence, and the regulatory bodies that have been put in place to guide the activities of health care givers in Nigeria. This work finds that medical negligence is on the increase in Nigeria and the resultant effects most times leads to incapacitation, death and untold hardship. This research finds inadequate staffs and facilities to be contributory factors to while medical negligence is on the increase. This research finds that despite the Medical and Dental practitioners Act, 2004, amongst others which regulates medical and dental practice in Nigeria, there is still incessant increase in medical negligence. The research made recommendations that would curb all acts which might later occur in the nearest future. The research concludes that the primary duty of a medical practitioner is to take care of a patient that is put in his care.

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urn:uuid:7b4043ff-1d47-482c-aa6d-c8dc489914b4