A CRITIQUE ON ‘PROFSSIONAL MEDICAL NEGLIGENCE’ IN NIGERIA

Résumé

The Medical Profession is considered a noble profession premised on the fact that it helps in the preservation of life. In the health sector of developed and developing countries, patients’ safety is of major priority. Typically, patients want excellent, caring and cost effective treatment guaranteeing respect of confidentiality and preservation of dignity. Patients expect that their physicians would be competent, humane and efficiently able to detect, diagnose and address their overall healthcare needs. Consequently, the Medical Practitioner is expected to exercise utmost care and diligence as is expected of all professionals. The standard expected of him is very high as he deals with human life which is so dear and once lost can never be regained. Unfortunately, over the years Nigerians have continued to experience challenging situations in the hands of Medical Professionals which sometimes include loss of limbs and total loss of life in worst cases. Currently, there is an alarming increase in cases of Medical Negligence reported in social media and newspapers. In the light of the above, the authors critically examine the relational basis between medical practitioners and patients as well as incidental rights and duties of both, more particularly the medical practitioner. The paper maintains the need for duty of care and diligence as well as concomitant damages in cases of negligence. The authors concluded by highlighting the socio-cultural and religious vagaries associated with a secular and multi-cultural Nigerian society, which oftentimes negatively affects many aggrieved patients from instituting litigation on claim of medical negligence.