MEDICAL NEGLIGENCE: A CASE REVIEW OF DELTA STATE HOSPITAL MGT BOARD & ORS VS ONONME CA 2022
Abstract
Medical negligence remains a critical issue within Nigeria's healthcare system, often resulting in severe patient harm with limited legal redress. This study critically examines the legal frameworks governing medical negligence in Nigeria, analyzing their adequacy, implementation, and enforcement. The research highlights the challenges posed by inadequate legislation, cultural barriers, ignorance of patient rights, and inefficient regulatory bodies. Through an exploration of statutory provisions, judicial precedents, and comparative legal analysis, the study evaluates the extent to which existing laws protect patients and hold medical practitioners accountable. The research also assesses the role of regulatory agencies such as the Medical and Dental Council of Nigeria (MDCN) and the judiciary in addressing medical malpractice claims. By identifying legal gaps and enforcement challenges, the study proposes legislative reforms, public awareness campaigns, and policy recommendations to strengthen medical accountability in Nigeria. Ultimately, this research seeks to enhance the protection of patients' rights while promoting ethical medical practice in the country.
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