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 ew************@***il.com or ew*****@******************om.ng
Health
Binance Promises $250,000 for Ebola in DR Congo, Uganda
By Aduragbemi Omiyale
The sum of $250,000 in humanitarian funding is to be provided by Binance to support the frontline response to the ongoing Ebola disease outbreak in the Democratic Republic of Congo (DRC) and Uganda.
The cryptocurrency exchange said the funds would be used to enable rapid response in high-risk and underserved areas, where access to healthcare infrastructure, protective resources, and timely public health information remains limited.
The money will be shared equally between the Uganda Red Cross Society and Doctors Without Borders / Médecins Sans Frontières (MSF), supporting urgent interventions in affected and high-risk communities.
Binance’s contribution will help strengthen emergency medical care and treatment, community awareness and prevention campaigns, contact tracing and containment support, and the provision of sanitation supplies and protective equipment for frontline workers.
By supporting both immediate response activities and preventative education, Binance aims to contribute to reducing transmission and strengthening community resilience.
“Communities across Africa continue to show extraordinary resilience in the face of complex challenges, but frontline responders should not have to face crises like this alone,” the co-chief executive of Binance, Mr Richard Teng, said.
“The teams working to contain the Ebola disease outbreak are delivering vital, life-saving support under incredibly difficult conditions.
“We are proud to support both the Uganda Red Cross Society and Doctors Without Borders as they work to protect vulnerable populations, strengthen local response efforts, and deliver urgent care where it is needed most,” he added.
Also commenting, the Secretary General for the Uganda Red Cross Society, Mr Robert Kwesiga, said, “Strong partnerships are essential during public health emergencies since we are not able to manage the outbreak alone.
“The support from Binance comes in so timely and handy, and will help us respond more rapidly, reach more at-risk communities, and reinforce the frontline services needed to help contain the outbreak and save lives.”
The MSF Emergency Programme Manager, Trish Newport, while speaking on the initiative, said, “The number of cases and deaths we are seeing in such a short timeframe, combined with the spread across several health zones and now across the border, is extremely concerning. In Ituri, many people already struggle to access healthcare and live with ongoing insecurity, making rapid action critical to prevent the outbreak from escalating further.”
Caused by the Bundibugyo virus, for which there is no approved vaccine or treatment, this Ebola disease outbreak has placed acute pressure on already fragile health systems in eastern DRC and the wider region.
Local authorities, international agencies, and humanitarian organisations are racing to contain it and protect affected communities.
Binance’s support is intended to reinforce these efforts at a critical moment. It reflects the company’s broader commitment to supporting communities across Africa through programmes focused on education, financial inclusion, digital skills development, and community empowerment.
In this case, Binance is extending that commitment to urgent humanitarian and public health needs by working alongside trusted organisations with deep frontline expertise.
Health
Tinubu Sets up Ebola Task Force, Approves N10bn Emergency Funding
By Adedapo Adesanya
President Bola Tinubu has approved the establishment of a Presidential Task Force on Ebola Virus Disease Preparedness and Emerging Public Health Threats and ordered the immediate release of N10 billion as emergency intervention funding.
According to a disclosure by the Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, the fund will strengthen the operational preparedness of the National Centre for Disease Control and Prevention (NCDC) and support critical national public health emergency response activities.
The team will be chaired by the Chief of Staff to the President, Mr Femi Gbajabiamila, with membership drawn from relevant Ministries, Departments and Agencies (MDAs) and state representatives.
The presidency noted that the approval followed a stakeholder meeting convened under the chairmanship of the Chief of Staff to review Nigeria’s preparedness and develop strategies against the possible importation of Ebola into the country.
Ebola has recently resurfaced in the Democratic Republic of Congo (DRC) and Uganda, both neighbouring countries.
Other key stakeholders at the meeting included representatives of the Ministry of Interior, the Federal Airports Authority of Nigeria (FAAN), the Nigeria Immigration Service (NIS), the Nigerian Civil Aviation Authority (NCAA), the Lagos State Government and others.
Mr Onanuga also disclosed that President Tinubu directed all states hosting international airports and international border corridors, as well as relevant MDAs, to submit their plans, funding requirements and intervention needs for consideration and coordinated implementation.
Additional measures to be implemented by the Task Force include the intensification of passenger screening at all international airports through enhanced temperature checks and crowd-control protocols; enhanced monitoring of passengers arriving through high-risk airline routes, including Air Uganda, Rwanda Air, Air Tanzania, Air Angola, Kenya Airways and Ethiopian Airlines; and the immediate activation of referral and isolation centres at the Lagos and Abuja international airports, with other airports to follow.
Other measures include the mandatory activation of QR code-based pre-arrival health declaration systems for passengers originating from or transiting through designated high-risk countries, as well as the disinfection of departure halls, cargoes, baggage areas and airport facilities as precautionary environmental measures.
The President also directed the advisory group to consult with security, diplomatic and aviation bodies on regulating flights from affected and designated high-risk countries.
The Task Force was further mandated to designate specific airports or terminals for high-risk flights to enable controlled screening and isolation procedures, and to consider adjusting flight schedules to minimise interaction between high-risk passengers and other travellers.
Health
QPSI Offers Free Healthcare Services, Others to 500 Ajegunle Residents
By Modupe Gbadeyanka
Over 500 residents of Ajegunle in Lagos enjoyed free healthcare services, comprehensive health education, youth mentorship, and community engagement activities at a one-day event organised by Queens Palm Support Initiative (QPSI).
This is part of the organisation’s Reach 1000 Initiative, deliberately designed to address immediate healthcare needs and empower individuals with the knowledge, resources, and support required to live healthier, more productive, and dignified lives.
QPSI is a non-profit organisation established by Ms Sabrina Ozma dedicated to advancing community development, healthcare advocacy, youth empowerment, leadership education, and social impact interventions across Nigeria. Fou
At the Ajegunle programme held at Bola Ige Millennium School, Tolu Complex, participants received a comprehensive range of healthcare services facilitated by accredited medical professionals, including general medical consultations and health assessments, malaria screening, diagnosis and treatment, blood sugar testing and diabetes awareness, comprehensive eye examinations and vision assessments, as well as specialist neurosurgical consultations provided by medical experts from Dukes Neurosurgery and Specialist Hospital.
Also, Reals Pharmaceutical Limited provided and distributed antimalarial medications to beneficiaries, ensuring continuity of treatment and improved health outcomes beyond the day of the outreach.
Ms Ozma, while speaking at the event, said access to quality healthcare remains one of the most pressing challenges confronting underserved communities across Nigeria.
According to her, interventions such as the Reach 1000 Initiative are deliberately designed to close this gap, not only by addressing immediate healthcare needs but by empowering individuals with the knowledge, resources, and support required to live healthier, more productive, and dignified lives.
Beyond healthcare delivery, the initiative featured structured health education and awareness sessions focused on disease prevention and early symptom recognition, personal hygiene and sanitation best practices, nutrition and food safety, healthy lifestyle habits, and the importance of routine medical check-ups.
In addition, a media personality and youth advocate, Ms Blessing Lopez, led engaging conversations around personal growth, confidence, and purpose-driven living, while entertainer Larry J inspired participants through discussions on resilience, positive decision-making, and the importance of becoming active contributors to societal progress.
The programme also attracted notable participation from government institutions and civil society organisations, highlighting the importance of multi-sector collaboration in addressing community challenges.
The Executive Secretary of the Lagos State Domestic and Sexual Violence Agency (DSVA), Mrs Titilola Vivour-Adeniyi, engaged participants on safeguarding, protection against domestic and sexual violence, and the importance of building safer communities.
Further, representatives of the Cleen Foundation facilitated discussions on crime prevention, community security, and the role of young people in promoting civic responsibility and the rule of law, while the Crime Prevention Partnership (CPP) led discussions on community-led safety strategies and citizen participation in fostering safer neighbourhoods.
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