Health
Medical Negligence in Nigeria: A Critical Examination of the Legal Remedies Available to Patients
By Ewajesu Akinola
Medical negligence refers to a situation in which a healthcare provider deviates from the accepted standard of care, resulting in harm or injury to a patient. It is the failure of a medical practitioner to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would employ under similar circumstances. In Nigeria, medical negligence is a significant issue affecting patient safety, with legal mechanisms in place to address and remedy such violations. However, challenges in both the legal system and the healthcare sector often make it difficult for patients to access justice. This article critically examines medical negligence in Nigeria and the legal remedies available to affected patients.
The Concept of Medical Negligence in Nigeria
Medical negligence is a form of tort—a civil wrong that causes harm or injury to a patient. Such harm can result from errors in diagnosis, treatment, surgical procedures, medication, or patient management. The foundation for establishing a claim of medical negligence is rooted in the principles established in the landmark case of Donoghue v. Stevenson, which include the duty of care, breach of that duty, and causation. To succeed in a claim of medical negligence, the patient must prove that:
- The healthcare provider owed a duty of care to the patient.
- The healthcare provider breached that duty.
- The breach of duty caused harm or injury to the patient.
This principle was applied in the landmark Nigerian case of Okeke v. Hope Medical Centre, where the court held that a healthcare provider owes a duty of care to the patient and that a breach of this duty may result in liability for damages.
Legal Framework Governing Medical Negligence in Nigeria
The legal framework for addressing medical negligence in Nigeria is derived from both statutory provisions and common law principles. Key statutes include:
- The 1999 Constitution of the Federal Republic of Nigeria (as amended)
- The Medical and Dental Practitioners Act (2004)
- The National Health Act (2014)
Legal Remedies Available to Patients
- Damages:
The primary legal remedy available to patients is to file a civil lawsuit for damages. This may include compensation for:- Pain and suffering
- Medical expenses
- Loss of income or earning capacity
- Psychological trauma
- Criminal Prosecution:
In cases involving gross negligence or recklessness, criminal charges may also be brought. Under Nigerian law, where negligence results in significant harm or death, charges such as manslaughter or reckless endangerment may be pursued, potentially leading to imprisonment or fines. - Disciplinary Action by Professional Bodies:
The Medical and Dental Council of Nigeria (MDCN) has the authority to investigate allegations of medical negligence and impose disciplinary measures. Sanctions may include suspension, revocation of a medical license, or other professional penalties. - Alternative Dispute Resolution (ADR):
ADR mechanisms, such as mediation or arbitration, are increasingly being adopted in Nigeria as efficient means of resolving disputes outside the formal court system. ADR can offer quicker resolution and reduce the time and cost associated with litigation. Some healthcare institutions also operate internal grievance redress systems.
Conclusion
Medical negligence remains a pressing concern in Nigeria, with many patients struggling to obtain justice when harmed. Although the legal system has seen improvements, significant gaps persist in protecting patients and holding healthcare professionals accountable. To establish a case of negligence, it must be proven that the healthcare provider owed a duty of care, breached that duty, and caused injury as a result. However, legal doctrines such as res ipsa loquiturwhere the burden shifts to the doctor to prove they were not at faultcan support claims even when direct evidence is limited. A more robust and accessible legal and healthcare system is needed to both prevent negligence and ensure justice for affected patients.
EwajesuAkinola is a legal professional at Olives and Candles – Legal Practitioners and she can be contacted via [email protected] or [email protected]
Health
NAFDAC Strengthens Regulation of Blood, Blood Products in Nigeria
By Modupe Gbadeyanka
As part of its efforts to safeguard public health in Nigeria, the National Agency for Food and Drug Administration and Control (NAFDAC) has strengthened its regulatory framework for blood and blood products.
A statement signed on Thursday by the Director General of NAFDAC, Prof Mojisola Adeyeye, disclosed that to achieve its goal, the agency will collaborate with relevant authorities and stakeholders to establish a robust regulatory framework that promotes the availability of safe, quality-assured and efficacious blood and blood products, while strengthening public confidence in Nigeria’s healthcare system.
NAFDAC said it intends to partner with government institutions, healthcare providers, blood establishments, development partners and other stakeholders for the robust oversight.
Mrs Adeyeye disclosed that already, her organisation has received the support of the Minister of Health and Social Welfare, Prof Ali Pate.
According to her, NAFDAC has been given the mandate to regulate blood and blood products in line with global best practices and the World Health Organisation (WHO) recommendation that these products be subject to oversight by National Regulatory Authorities (NRAs) for medicines.
She said blood and blood products are classified as essential medicines and must be consistently available with assured quality, safety and affordability, stressing that the aim is to protect patients throughout the blood transfusion chain.
Effective regulatory oversight will support the quality and safety of blood products from donor assessment and collection through testing, processing, storage, transportation and use, the NAFDAC chief noted.
Several African countries, including Egypt, Ghana, South Africa, Tanzania, Zimbabwe, Senegal and Rwanda, have already established regulatory oversight of blood and blood products by their NRAS, she added.
Mrs Adeyeye pointed out that NAFDAC’s renewed regulatory preparedness builds on its broader transformation into a modern, science-based regulatory authority.
Already, it has attained WHO Maturity Level 3, completed WHO Global Benchmarking ML3 re-assessment, obtained WHO prequalification for its drug laboratory, and established internationally accredited laboratory and quality management systems. These capabilities provide a strong foundation for the effective regulation of blood and blood products.
As part of its preparedness, NAFDAC has established a dedicated Vaccines, Biologicals and Medical Devices Registration and Regulation Directorate to oversee the registration and regulation of these products.
The agency established a Vaccines, Biologicals and Medical Devices Laboratory Services many years ago, but became a Directorate in 2024, responsible for quality control, including laboratory testing and lot release, while the Directorate of Evaluation and Research provides oversight of Good Manufacturing Practices. An ultra-modern laboratory facility is also being developed to further strengthen its capacity for the assessment and quality control of vaccines and biologics.
Health
GoMed Offers Nigerian Students Free Reproductive Health Services
By Modupe Gbadeyanka
An organisation known as GoMed Nigeria is offering free reproductive health services to Nigerian students through a digital self-care platform.
This is being delivered through a partnership with the United Nations Population Fund (UNFPA) and the Lagos State Government.
The pilot scheme will be available to students of the University of Lagos. They will enjoy easier and more private access to essential health products, accurate information, and professional support.
Young Nigerians face some of the highest rates of unintended pregnancy and unmet need for contraception in the world.
Cost, distance, stigma, misinformation, and fears about confidentiality routinely stop students from seeking the products and guidance they need, with consequences that include unintended pregnancy, unsafe abortion, sexually transmitted infections and interrupted education.
The self-care platform is designed to remove each of these barriers. Through the platform, students receive free contraceptives and other sexual and reproductive health commodities provided through the Lagos State Ministry of Health and UNFPA, exclusive discounts on health essentials, and fast, discreet delivery directly to campus and student hostels.
Students can also access trusted sexual and reproductive health information and services through UNFPA’s SoftLife 247 and U-Plan platforms. Through U-PLAN, they can chat directly with qualified Family Planning Service Providers to receive accurate information and address their concerns. They can also confidently engage with GoMed’s registered pharmacists for confidential, judgement-free guidance on medicines and other health products.
“Students should be able to get reliable health information and essential products without cost, distance or fear of judgement becoming barriers.
“This platform brings free sexual and reproductive health commodities, other affordable health products and professional guidance together, with discreet delivery directly to students on campus,” the chief executive of GoMed Nigeria, Mr Anthony Edeki, said.
Also speaking, UNFPA in Nigeria Resident Representative, Muriel Mafico, said, “As the UN agency mandated for “Sexual and Reproductive Health and Rights”, we are committed to reducing preventable maternal deaths and addressing the unmet need for family planning, including by providing and overseeing access to life-saving commodities worldwide.
“Working alongside our partners, we’re helping roll out the digital Self-Care Platform—so that vital, life-changing information can reach more people, more easily. Together, we want to empower Nigeria’s next generation to make informed health choices and achieve stronger health outcomes and a brighter future.”
Health
FG Approves Framework for 24-hour Electricity to Hospitals
By Modupe Gbadeyanka
A financing framework to accelerate the electrification of health facilities nationwide has been approved by the federal government.
The approval was announced at the third meeting of the Inter-Ministerial Steering Committee (IMSC) of the Nigeria Power for Health Initiative (NPHI), a presidential programme jointly coordinated by the Federal Ministries of Power and Health and Social Welfare.
The committee was constituted to ensure reliable electricity in at least 30 per cent of Nigeria’s health facilities by the end of 2027.
At the meeting, chaired by the Minister of State for Health and Social Welfare, Mr Isiaq Salako, and co-chaired by the Minister of Power, Mr Joseph Tegbe, members of the Inter-Agency Technical Committee (IATC) presented the recommendations under consideration.
Speaking at the meeting, Mr Salako said the Steering Committee approved a financing framework to mobilise investment for healthcare electrification, alongside a facility energy management framework requiring participating hospitals to build sustainable systems for managing their energy infrastructure.
He said the committee also cleared eight (8) private sector proposals for further engagement, drawn from about 70 submissions received during the National Healthcare Electrification Investor Matchmaking Week in Lagos.
The Health Minister added that Energy Management Teams are already in place at federal tertiary hospitals, with state governments being encouraged to set up similar structures. The initiative will now be institutionalised through dedicated budgetary provisions and a full-time Project Coordination Unit to oversee implementation.
On his part, Mr Tegbe declared that the initiative must now move from announcements to actual project delivery.
Describing the NPHI as one of the President Bola Tinubu administration’s flagship programmes, he said the emphasis should shift towards commissioning completed projects that Nigerians can see for themselves, rather than further groundbreaking ceremonies and public messaging.
He emphasised the need for teaching hospitals, state hospitals, and primary healthcare centres to be fully energised, noting that the Rural Electrification Agency has already energised 5 Federal Teaching Hospitals and several other health facilities nationwide.
He also tied the initiative directly to patient outcomes, arguing that dependable power would end hospitals’ reliance on emergency generators, and pledged that the Ministry would continue to prioritise the initiative’s funding needs while ensuring value for money.



