Medical Negligence in Nigeria and the Obstacles to Litigation

Abstract

Within the medical spectrum, negligence is a breach of duty of care to his/her patient. Negligence occurs in any and every healthcare facility by medical practitioners, including surgeons, doctors, nurses, pharmacists and laboratory attendants. The occurrence of medical negligence is largely attributable to institutional deficiencies and character flaws, and therefore a matter of concern in many countries. The occurrence of medical negligence exposes patients to injuries, delay hospitalization and in some cases leading to death. Instituting legal action against injuries sustained while receiving medical care may be considered as avenue to seek redress by victims of medical negligence. However, seeking legal redress is a herculean task for most of the victims, especially in developing countries. Given the dearth of publications on the extent of medical litigation, this article is aimed at filling the existing gaps in knowledge on the subject matter. Using secondary source, the article established that various factors constitute obstacles to litigation in the occurrence medical negligence in Nigeria. These include poor awareness, cost of litigation, religious fatality, complexity/corruption associated with judiciary and difficulties in obtaining expert witnesses, among others. In its conclusive part, the paper flags the need for efforts towards promoting quality healthcare, coupled with adherence to protocols by healthcare givers. These are in addition to enthronement of justice, such that victims and perpetrators of medical negligence are appropriately served. When these, among other strategies are in place, the occurrence of medical negligence and its attendant litigation would be mitigated.