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:

1. The healthcare provider owed a duty of care to the patient.
2. The healthcare provider breached that duty.
3. 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:

1. The 1999 Constitution of the Federal Republic of Nigeria (as amended)
2. The Medical and Dental Practitioners Act (2004)
3. The National Health Act (2014)

Legal Remedies Available to Patients

1. 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
2. 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.
3. 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.
4. 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 ewajesuakinola@gmail.com or ewajesu@olivesandcandles.com.ng

By Modupe Gbadeyanka

The chairman of Rite Foods Limited, Mr Sulaiman Adebola Adegunwa, has been commended for donating an ultra-modern Trauma Centre to the Olabisi Onabanjo University Teaching Hospital (OOUTH) in Sagamu, Ogun State.

The facility, donated to mark his 80th birthday, is a one-stop trauma centre with all the medical equipment and healthcare personnel to handle about 2,000 trauma cases in a month, from the severe to the minor ones.

Speaking at the commissioning of the 50-bedded facility, named Sulaiman Adebola Adegunwa Trauma Centre, by the Vice President of Nigeria, Mr Kashim Shettima, on Saturday, April 5, 2025, it was stated that the centre would enhance healthcare delivery for accident victims and other trauma-related cases within Ogun and neighbouring states.

Mr Shettima noted that the provision of the healthcare facility was timely, as it aligns with President Bola Ahmed Tinubu’s agenda for upgrading the health institutions in the country.

He described the life of the donor as well lived, with significant impact in the society and immediate community, creating employment for the indigenes of Ogun State, through valuable business enterprises, like Rite Foods Limited and Ess-ay Holdings Limited, which has contributed to the growth of the state’s and national economy.

According to the VP, Mr Adegunwa has inscribed his name in gold, adding that the octogenarian believes in leaving legacies that lives for generation and this has prompted the trauma centre which will impact lives tremendously.

On his part, Governor Dapo Abiodun of Ogun State applauded the philanthropic initiative of Mr Adegunwa, saying he has demonstrated an unwavering commitment to the healthcare system of Ogun State, and that the trauma centre marks a significant milestone towards attaining that.

In her remark, the Chief Medical Director of OOUTH, Dr Oluwabunmi Fatungase, said the 50 bedded centre has been the desire of the management of the hospital, as the old 20 bedded accident and emergency centre is too small to accommodate accident victims within the state, which serves as a route for travellers traversing the different regions of the country, with a 41.5 percent accident rate.

She said it is a dream of over 20 years by various administrations come true as there is no General Hospital from Lagos to Benin and Ibadan to take care of accident victims, thereby making the trauma centre a well thought out project by Asiwaju Adegunwa.

On his part, Mr Adegunwa said, “Today, l am filled with immense joy as l reflect on Sulaiman Adebola Adegunwa Trauma Centre as another fulfilment of opportunity to serve a higher calling to give and serve.”

By Adedapo Adesanya

The National Agency for Food and Drug Administration and Control (NAFDAC) is increasing efforts to block the entry of substandard and counterfeit products into Nigeria, particularly from China and India, the country’s two largest pharmaceutical trade partners.

This was revealed by Mrs Mojisola Adeyeye, the Director-General of the agency, emphasised that the Clean Report of Inspection and Analysis (CRIA) scheme has significantly strengthened regulatory control over imports from these nations.

The two nation’s account for 60 per cent of Nigeria’s pharmaceutical imports and yet, there is a lot of counterfeit and substandard medicines from these countries.

She said, “Because most of these drugs come from China and India, the CRIA scheme is operational in those two countries,” adding that, “It ensures that only safe and high-quality products are shipped while preventing the export of substandard and counterfeit products.”

She note that NAFDAC has appointed and accredited CRIA agents in China and India to conduct rigorous pre-shipment inspections to tackle the issue.

In addition to appointing CRIA agents in China and India, NAFDAC is collaborating with COTECNA, a global testing, inspection, and certification service provider, to enhance quality control measures.

Mrs Adeyeye urged stakeholders to engage with these CRIA agents before shipping any consignment to Nigeria, saying, “I strongly encourage you to engage with CRIA agents before shipping any consignment–that is, to our stakeholders– from China, India, or Nigeria. You have the flexibility to choose from any of the listed CRIA agents to ensure compliance and safeguard the quality of imported products.”

NAFDAC also introduced an electronic platform, the Port Inspection Data Capture and Risk Management System (PIDCARMS), to enhance document verification and streamline inspection processes.

Mrs Adeyeye noted that CRIA agents will ensure that rejected shipments carrying drugs will not find their way to the country.

She urged stakeholders to visit NAFDAC’s official website for guidelines on product registration, labelling, and shipment requirements to ensure compliance with regulatory standards in order to prevent such lapses and ensure only approved products enter Nigeria.