MEDICAL NEGLIGENCE IN NIGERIA: A GUIDE TO PATIENT RIGHTS AND LEGAL REDRESS
November 17, 2025
Introduction
Medical negligence is a serious issue in Nigeria, with many reported cases of physical injury and death resulting from the negligence of healthcare professionals. This article provides an overview of medical negligence, the laws and regulatory bodies governing medical practice in Nigeria, the duties owed to patients by medical practitioners, and the legal redress available to victims of medical negligence.
Definition of Medical Negligence
Medical negligence occurs when a healthcare professional breaches their duty of care to a patient, resulting in harm or injury. The Nigerian Supreme Court in U.T.B (Nig) v. Ozoemena,[1] defined negligence as:
“Lack of proper care and attention; careless behaviour or conduct; a state of mind which is opposed to intention; the breach of duty of care imposed by common law and statute resulting in damage to the complainant.”
Acts Considered as Medical Negligence
The Rules of Professional Conduct for Medical and Dental Practitioners (Code of Medical Ethics) [2]stipulates several instances that would amount to Professional Negligence, including:
- Failure to attend promptly to a patient requiring urgent attention
- Failure to advise or proffering wrong advice to a patient on the risk involved in a particular operation or course of treatment
- Failure to obtain the consent of the patient before proceeding on any surgical procedure or course of treatment
- Making an incorrect diagnosis or a mistake in treatment
- Failure to refer or transfer a patient in good time when such a referral or transfer was necessary
- Manifestation of incompetence in the assessment of a patient
- Failure to do anything that ought reasonably to have been done under any circumstance for the good of the patient
Laws and Regulatory Bodies Several laws regulate medical practice in Nigeria, including:
– Medical and Dental Practitioners Act[3]
– Code of Medical Ethics in Nigeria[4]
– Nursing and Midwifery (Registration, etc.) Act[5]
– National Health Act[6]
– Compulsory Treatment and Care for Victims of Gunshot Act[7]
– Patients’ Bill of Rights by the Federal Competition and Consumer Protection Commission
– Criminal Code Act[8]
The Medical and Dental Council of Nigeria (MDCN) is the umbrella body which regulates medical practitioners in Nigeria and prescribes their rules of professional conduct and ethics.
Duties Owed to Patients
Medical practitioners owe several duties to their patients, including:
– Duty to Provide Treatment: Medical practitioners must treat their patients for as long as the case requires.
– Duty to Obtain Consent: Medical practitioners must obtain prior consent from the patient before embarking on treatment.
– Duty to Disclose Essential Information: Medical practitioners must disclose all facts necessary for the patient to give informed consent.
– Duty to Maintain Patient Confidentiality: Medical practitioners must protect and respect patient privacy and sensitive vital information.
– Duty to Caution Patients: Medical practitioners must caution patients regarding any treatment which may be harmful or detrimental to them.
– Duty to Exercise Due Diligence: Medical practitioners must exercise the utmost care and a higher level of circumspection in attending to patients.
Legal Redress for Medical Negligence
Victims of medical negligence can seek legal redress through:
– Filing a complaint with the MDCN
– Instituting a civil action for damages
– Filing a criminal complaint under the Criminal Code Act
To succeed in a claim for medical negligence, the victim must prove that:
– The medical practitioner owed a duty of care
– The duty was breached
– The breach caused harm or injury
Complaint Procedure
The MDCN has two disciplinary bodies: the Medical and Dental Practitioners Investigating Panel and the Medical and Dental Practitioners Disciplinary Tribunal. An aggrieved victim of medical negligence can file a petition against the medical practitioner and send it to the office of the MDCN.
Conclusion
Patients in Nigeria have the right to quality healthcare and to seek legal redress if they are victims of medical negligence. By understanding their rights and the duties owed to them by healthcare professionals, patients can take steps to protect themselves and seek justice if necessary.
References
[1] U.T.B (Nig) v. Ozoemena (2007) 1 SC (Pt. 2) 211
[2] Rules of Professional Conduct for Medical and Dental Practitioners (Code of Medical Ethics).
[3] Medical and Dental Practitioners Act, Cap M8, LFN 2004.
[4] Code of Medical Ethics in Nigeria.
[5] Nursing and Midwifery (Registration, etc.) Act 1979
[6] National Health Act, 2014.
[7] Compulsory Treatment and Care for Victims of Gunshot Act, 2017.
[8] Criminal Code Act, Cap C38, LFN 2004.
Ekene John Osuala Esq.
Founder/Managing Partner, BluePrint Attorneys.
