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Abstract
This study examines medical negligence in Nigeria, focusing on the prevailing legal
standards, the allocation of the burden of proof, and mechanisms for patient protection. Anchored in doctrinal legal methodology, the research draws upon statutory instruments such as the National Health Act 2014, the Medical and Dental Practitioners Act, and constitutional provisions that underscore the right to health and life. Additionally, the role of regulatory institutions—especially the Medical and Dental Council of Nigeria
(MDCN)—is assessed in maintaining professional standards and enforcing disciplinary
frameworks. The analysis then unpacks the foundational tort elements of medical
negligence as recognized by Nigerian jurisprudence and mirrored in comparative
doctrine—namely, duty of care, breach of that duty, causation, and resultant damages. The inquiry further explores nuanced exceptions, particularly the doctrine of res ipsa
loquitur, which can shift the evidential weight onto the defendant where negligence is
self-evident. Central to the project is an examination of the burden of proof. The patient
claimant bears the primary responsibility to establish negligence on the balance of
probabilities as per Section 134 of the Evidence Act (2011). The study highlights key
patient protection avenues—civil claims for damages, criminal liability for gross
negligence, regulatory sanctions via the MDCN, and the enforcement of informed
consent and patient rights under relevant statutes.In conclusion, while Nigeria’s legal
framework articulates clear substantive standards, systemic barriers—including
procedural complexity, high litigation costs, scarcity of expert testimony, and cultural
reticence—severely impede access to justice. This project ultimately recommends
procedural reforms, enhanced judicial capacity, and institutional innovation to bolster
the adjudication of medical negligence claims and better protect patient rights
standards, the allocation of the burden of proof, and mechanisms for patient protection. Anchored in doctrinal legal methodology, the research draws upon statutory instruments such as the National Health Act 2014, the Medical and Dental Practitioners Act, and constitutional provisions that underscore the right to health and life. Additionally, the role of regulatory institutions—especially the Medical and Dental Council of Nigeria
(MDCN)—is assessed in maintaining professional standards and enforcing disciplinary
frameworks. The analysis then unpacks the foundational tort elements of medical
negligence as recognized by Nigerian jurisprudence and mirrored in comparative
doctrine—namely, duty of care, breach of that duty, causation, and resultant damages. The inquiry further explores nuanced exceptions, particularly the doctrine of res ipsa
loquitur, which can shift the evidential weight onto the defendant where negligence is
self-evident. Central to the project is an examination of the burden of proof. The patient
claimant bears the primary responsibility to establish negligence on the balance of
probabilities as per Section 134 of the Evidence Act (2011). The study highlights key
patient protection avenues—civil claims for damages, criminal liability for gross
negligence, regulatory sanctions via the MDCN, and the enforcement of informed
consent and patient rights under relevant statutes.In conclusion, while Nigeria’s legal
framework articulates clear substantive standards, systemic barriers—including
procedural complexity, high litigation costs, scarcity of expert testimony, and cultural
reticence—severely impede access to justice. This project ultimately recommends
procedural reforms, enhanced judicial capacity, and institutional innovation to bolster
the adjudication of medical negligence claims and better protect patient rights
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