Medical negligence and the search for justice
In a country where healthcare is meant to save lives, a growing number of Nigerians are becoming victims of medical negligence, a silent but devastating crisis undermining public trust in the system. Medical negligence occurs when healthcare professionals fail to deliver care that meets established medical standards, resulting in injury or death. Common examples include […]
In a country where healthcare is meant to save lives, a growing number of Nigerians are becoming victims of medical negligence, a silent but devastating crisis undermining public trust in the system.
Medical negligence occurs when healthcare professionals fail to deliver care that meets established medical standards, resulting in injury or death. Common examples include retained surgical objects, improper treatments, misdiagnoses, and failure to obtain informed consent.
In Ojo v. Gharoro, a patient suffered from a broken needle left in her abdomen post-surgery. Also in Okekearu v. Tanko, a boy’s finger was amputated without proper consent. These are not isolated cases, they reflect systemic issues.
Under Nigerian law, victims may seek redress through civil litigation, criminal prosecution, or professional oversight. The Medical and Dental Practitioners Act, the National Health Act, and the Criminal Code provide avenues for accountability. Still, proving negligence remains complex. Plaintiffs must establish duty of care, breach, causation, and damages legal burdens that deter many from pursuing justice.
- The legal duty of informed consent in Nigerian healthcare
- Strike bites harder on women seeking antenatal in FCT communities
Courts use the Bolam and Bolitho tests to assess whether a healthcare provider’s conduct aligns with what a competent peer would do under similar circumstances. If not, they may be found liable. Yet enforcement remains inconsistent, and the legal process is often slow and expensive.
As a concerned professional, I believe it’s time we introduced Medical Arbitration Boards, improved public awareness, updated our outdated laws, and promoted alternative dispute resolution (ADR) to ease the burdens of litigation. I am convinced that addressing medical negligence in Nigeria demands a multi-dimensional approach, one that protects patient rights while supporting the sustainability of our healthcare services. If we act boldly and urgently, we can build a healthcare system that heals without harm and restores trust where it’s been broken.
Umar Aisha Kadafur is student of Afe Babalola University Ado-Ekiti, Ekiti State