Ofure Peace OMIGIE

Medical malpractice poses significant risks to patient safety and healthcare systems in Nigeria. It examines the legal consequences of medical malpractice in Nigeria through a comparative analysis with other jurisdictions and explores the country's obligations to respect, protect and fulfill the rights of citizens by providing good healthcare services. It assesses Nigeria's existing legal frameworks and compares it with international frameworks. The study investigates the domestic legal landscape including the Nigerian constitution legislation, policies and programs related to healthcare services, highlighting the gaps and challenges in realizing the rights to adequate compensation with proof of negligence. This project undertakes a comprehensive legal analysis of the rights of patients. The paper compared the medical negligence jurisprudence in Nigeria and the United States of America with particular reference to the state of Texas. This research employs the doctrinal method of research which would be anchored on primary and secondary information such as journals, textbooks, dictionaries, literature and other internet sources commentaries. It was hereafter discovered that the medical negligence jurisprudence in Texas is robust, structured, and well-defined compared to what is obtainable in Nigeria. The study highlights the need for legal reforms to strengthen patient's rights, enhance accountability, improve compensation mechanisms and provide more effective legal responses to medical malpractice in Nigeria while using other countries as example. Medical practice usually involves different activities which,if not professionally handled,may give rise to liabilities on the part of the medical practitioner. These liabilities may arise in tortious claims and in some other cases,may go beyond the realm of civil liabilities to criminal liabilities.