4 Important Points to Consider in Case of Medical Negligence in Nigeria

Are you facing trouble reporting a medical negligence case in Nigeria? If yes, then you need to take immediate legal actions so that exemplary decisions can be taken against such crimes. However, it has been found that there are not sufficient medical infrastructure and practitioners available who can efficiently handle these issues.  The most unfortunate thing is though victims are increasing alarmingly, lawsuits for compensation or formal complaints are still at a low level.

Hence, if you want to avoid such problems, let’s check 4 important points to consider in case of medical negligence in Nigeria.

1. The scope of handling the incidents

Negligence is considered to be an incident of legal duty breach where care should be taken for what has to be exercised. According to the Medical Ethics Code in Nigeria, some cases of medical negligence are-

●  The incompetence manifestation in patients’ assessment

●  Failure of prompt attending to patients who need urgent assistance at the time of a practitioner staying in position

●  Making faulty diagnoses while clinical features are so prominent that no skillful practitioner cannot fail to notice it

●  Medical negligence due to failure to obtain the patient’s consent before doing any treatment or surgery

●  Making mistakes while doing treatment such as wrong limb amputation, wrong drug prescribing erroneously for correct diagnosis of an ailment

●  Failing to observe any patient as per requirements of medical conditions, to make notes properly on observations of practitioner

2. The legal framework in Nigeria

As per the Act of Dental and Medical Practitioners (2004), one individual can seek help from the Investigating Panel and the Disciplinary Tribunal of Dental and Medical Practitioners. Charges are applicable when the panel starts preliminary investigations of infamous conduct allegations in any professional context. 

3. Providing the medical negligence proof

In case of any medical negligence, there are 3 fundamental elements that you need to prove before liabilities of paying damages. These 3 elements are-

●  The failure of the defendant for exercising the due care

●  The failure of the defendant owed the plaintiff for exercising due care

●  The failure of the defendant due to the reason of injuries of the plaintiff

4.     Liabilities related to medical negligence in Nigeria

In case of such offenses, victims can seek medical negligence redressal under the criminal law. If due to such negligence, the patient has to suffer from permanent disabilities or even it causes death, the practitioner can be proven to be guilty. In case of the patient’s death, the concerned medical practitioner is going to be liable for manslaughter.

Additionally, under Section 343(1)(e), if any individual is so negligent or rash for endangering human life that it can be harmful to another person, the negligent person will be considered as “guilty of a misdemeanor”. In such cases, the person can face imprisonment for at least one year.

If you need assistance in case of medical negligence, you can contact us today.

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