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:

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]