MEDICAL NEGLIGENCE IN NIGERIA: CHALLENGES AND LEGAL REMEDIES
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Abstract
Medical negligence remains a significant challenge within Nigeria’s healthcare sector, contributing to preventable harm and weakening public confidence in medical practice. This research critically examines the concept of medical negligence, its causes, and the legal frameworks governing healthcare delivery in Nigeria. Using doctrinal research methods, statutes such as the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Medical and Dental Practitioners Act, and relevant case law were analyzed alongside comparative legal approaches from other jurisdictions such as Ghana, the United Kingdom and the United States. The study also identifies systemic challenges such as inadequate medical literacy among patients, weak regulatory enforcement, absence of work-hour regulations for medical practitioners, and infrastructure deficiencies including a low doctor-to-patient ratio. Findings reveal that these factors compound difficulties in seeking redress and contribute to rising cases of medical malpractice. The study recommends strengthening statutory frameworks, improving regulatory oversight, regulating working hours, promoting patient education, and adopting alternative dispute resolution mechanisms to enhance accountability and reduce prolonged litigation. This research aims to inform policymakers, legal practitioners, and healthcare stakeholders on actionable reforms to improve healthcare outcomes and reduce medical negligence in Nigeria.
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