AN APPRAISAL OF THE LEGAL FRAMEWORK FOR MEDICAL NEGLIGENCE IN NIGERIA

This research examines the legal framework regulating medical negligence in Nigeria with a view to appraising its adequacy and identifying existing challenges. Medical negligence, a subset of tort law and professional liability, arises when a healthcare provider fails to exercise reasonable care, resulting in harm to a patient. The background to this study reflects a growing concern over the frequency of medical errors in Nigeria and the inadequacy of remedies available to victims under the prevailing legal regime. The aim of the study is to critically appraise the existing laws governing medical negligence in Nigeria to ascertain their effectiveness in protecting patient rights, ensure professional accountability, and promote access to justice. The objectives include identifying the legal standards for determining negligence, evaluating the enforcement mechanisms, and comparing Nigerian provisions with those of other jurisdictions. The methodology employed is doctrinal and descriptive in nature, relying on primary and secondary sources such as statutes, case law, journal articles, and comparative legal materials. It also adopts a historical and comparative approach, referencing other common law countries including the United Kingdom and India. The findings reveal that Nigeria's legal framework for medical negligence is largely underdeveloped, with significant challenges such as poor patient awareness, judicial delays, weak regulatory enforcement, and lack of codified standards of care. The study also notes the absence of specialized tribunals for medical disputes and the reluctance of courts to impose punitive damages on negligent practitioners. The research concludes that there is a pressing need for reform and recommends greater legislative intervention, improved judicial activism, enhanced medical ethics training, and the establishment of specialized medical negligence panels to ensure more effective remedies and promote trust in the healthcare system.