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Medical Negligence in Nigeria: A Critical Examination of the Legal Remedies Available to Patients

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Medical Negligence

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 [email protected] or [email protected]

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Health

Nigeria Launches First National Antimicrobial Resistance Survey

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Antimicrobial Resistance Survey

By Adedapo Adesanya

Nigeria has launched its first nationally representative survey on antimicrobial resistance to generate critical data to guide evidence-based policies, improve patient outcomes, and strengthen health system resilience.

Antimicrobial resistance occurs when bacteria, viruses, fungi, and parasites evolve to resist treatment, making infections harder to cure.

As a result, surveillance is essential to track resistance patterns, identify priority pathogens, and guide targeted interventions and with support from the World Health Organization (WHO) and other partners, the initiative marks a milestone in the country’s public health response.

Nigeria becomes the third country globally to partner with WHO on a national antimicrobial resistance survey. having been selected based on the country’s strong commitment to AMR surveillance, its updated WHO Nigeria NAP 2.0, and readiness to expand laboratory and data systems.

Africa’s most populous country ranks 20th globally for age-standardized mortality due to antimicrobial resistance . In 2019, an estimated 263,400 deaths in Nigeria were linked to  it—more than the combined deaths from enteric infections, tuberculosis, respiratory infections, maternal and neonatal disorders, neglected tropical diseases, malaria, and cardiovascular diseases.

Globally, resistant infections in tertiary care settings cost between $2,371 and $29,289 per patient episode, extend hospital stays by an average of 7.4 days, and increase mortality risk by 84 per cent.

The survey will see the establishment of a national baseline on antimicrobial resistance prevalence to monitor interventions, assess the distribution, burden (morbidity, mortality, DALYs, cost), and diversity of AMR across regions and populations, as well as contribute to the global target of reducing AMR deaths by 10 per cent by 2030, in line with the political declaration endorsed at the 79th United Nations General Assembly in 2024.

It also seeks to strengthen routine antimicrobial resistance surveillance, including diagnostics, sample referral systems, and laboratory capacity.

Using WHO’s standardized methodology, the survey will run for 12–15 months and cover 40–45 randomly selected health facilities nationwide. Patients with suspected bloodstream infections (BSIs) will be identified using standard case definitions, and blood samples will be analysed in quality-assured laboratories.

Data will be collected across all age groups, covering clinical, demographic, laboratory, financial, and outcome indicators. Follow-up will occur at discharge, 28 days, and three months post-infection. The survey will sample approximately 35,000 patients suspected of BSIs to obtain around 800 isolates of the most common pathogens.

Dr Tochi Okwor, Acting Head, Disease Prevention and Health Promotion, Nigeria Centre for Disease Control and Prevention (NCDC) said, “With WHO’s support, we are confident the survey will generate the evidence needed to protect public health.”

WHO Representative in Nigeria, Dr Pavel Ursu, reaffirmed WHO’s commitment stating that ,“Nigeria is taking a decisive step toward combating AMR with an approach grounded in data, science, and measurable impact. This survey will provide the clarity needed to drive smarter policies, stronger surveillance, and better patient outcomes. Nigeria is laying the foundations for a resilient health system, one that protects lives, strengthens trust, and ensures that essential medicines remain effective for future generations.”

Adding her input, Dr Laetitia Gahimbare, Technical Officer at WHO Regional Office for Africa, added:“Strengthening surveillance enhances Nigeria’s capacity to detect and respond to AMR threats, supporting better patient outcomes, reinforcing health security, and building a resilient system.”

Professor Babatunde Ogunbosi, Paediatric Infectious Diseases Specialist at University College Hospital, Ibadan, highlighted the broader impact:, “This survey is about more than data. It’s about building national capacity for research, diagnostics, and policy. It integrates science into public health decision-making.”

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Our Vision Extends Beyond Offering Health Insurance Packages—SUNU Health

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SUNU Health walk

By Modupe Gbadeyanka

One of the leading Health Maintenance Organisations (HMOs) in Nigeria, SUNU Health, has said its philosophy is proactive wellness, noting that this was why it recently partnered with The Divine Physician and St. Luke Catholic Chaplaincy Centre for a community health initiative.

The chief executive of the company, Dr Patrick Korie, said, “SUNU Health’s vision extends far beyond merely offering health packages and insurance.”

“We are fundamentally interested in proactive wellness—preventing illness rather than just treating it. This annual exercise is a crucial part of that commitment, and we will continue to champion it for as long as we exist,” he stressed.

The medical practitioner led the company’s annual Health Walk in Lagos on Saturday, November 8, 2025. The event drew hundreds of health enthusiasts, including the Chaplain of the centre, Rev Fr. John Okoria SJ.

His active participation reinforced the spiritual and moral commitment to holistic well-being, proving crucial in mobilizing staff and community members, thereby ensuring the vital wellness message reached a broad and deeply engaged audience.

The health walk covered several major streets in Lagos, starting from Ishaga Road and navigating through Itire Road, Randle Avenue, Akerele, Ogunlana Drive, and Workers Street before concluding back at the starting point. Following the vigorous walk, participants engaged in a session of high-energy aerobics and other outdoor exercises, reinforcing the day’s focus on fitness.

“We are delighted to champion this vital health initiative alongside the Catholic Chaplaincy Centre LUTH/CMUL. The turnout was truly delightful, reflecting the community’s deep desire to embrace wellness.

“Collaborations like this amplify our message and commitment to the Nigerian community,” the Brand and Corporate Communications Lead at SUNU Health, Mr Samuel Olayemi, stated.

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80 Coronation Registrars Staff Donate Blood in Lagos CSR Initiative

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blood donation

By Adedapo Adesanya

Coronation Registrars Limited, a subsidiary of Coronation Group, in partnership with the Lagos State Blood Transfusion Committee (LSBTC), recently hosted a Blood Drive Initiative at the 5th floor of Coronation Group Plaza. The event saw over 80 staff donate blood to support critical healthcare needs in Lagos State.

The Blood Drive Initiative forms part of Coronation’s commitment to meaningful, human-centred corporate social responsibility, a direct, measurable, and life-saving effort that reflects the Group’s health and sustainability values.

As Prosperity Partners dedicated to creating sustainable wealth for clients and the African continent, Coronation recognises that true prosperity extends beyond financial returns to encompass the well-being of communities we serve.

The company noted that this initiative enabled it to deliver immediate social impact by supporting national blood supply shortfalls through employee-driven action, demonstrate leadership in health-focused CSR aligned with ESG goals and SDG 3 (Good Health & Well-being), strengthen internal culture by fostering employee engagement, empathy, and purpose in a safe, structured environment, and reinforce corporate reputation through public-facing acts of service, stakeholder trust, and media visibility.

Blood donation remains a critical need in Nigeria, where regular blood supply is essential for emergency care, surgeries, and treatment of various medical conditions. Each donation can save up to three lives, and the collective effort of Coronation employees will significantly impact patients in need across Lagos State healthcare facilities.

“This aligns seamlessly with Coronation’s broader sustainability agenda, which views healthcare access as fundamental to building prosperous communities across Africa,” the company said in a statement on Tuesday.

Partnering with a certified medical institution, the drive was professionally managed, medically compliant, and logistically efficient. Participants underwent necessary medical screening procedures to ensure donor fitness and safety. Following their donations, donors received refreshments and appreciation for their life-saving contribution.

“At Coronation, we believe in making a meaningful difference in the communities we serve,” said Mr Oluseyi Owoturo, Chief Executive Officer of Coronation Registrars Limited. “This Blood donation Initiative reflects our values in action, saving lives, building community, and positioning the company as a purpose-driven brand. We’re proud of our employees who stepped forward to donate blood and save lives. This is what sustainable impact looks like: tangible solutions that address real challenges facing our continent.”

The partnership with the Lagos State Blood Transfusion Committee ensured professional handling of the donation process, meeting all safety and quality standards for blood collection and storage.

Coronation Registrars Limited says it continues to demonstrate that corporate success goes hand-in-hand with social responsibility.

“This initiative reinforces the company’s purpose to create a prosperous future for clients and the African continent through transformational solutions,” it added.

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