TORTIOUS LIABILITY OF MEDICAL PRACTITIONERS IN NIGERIA: AN APPRAISAL
ABSTRACT
The title of this thesis is “Tortious Liability of Medical Practitioners in Nigeria: An Appraisal.” Examines the civil (tortious) liability of Nigerian health-care providers. In Nigeria, most people are unaware that medical professional duties have legal ramifications. The actions of medical professionals, whether positive or negative, have an impact on third parties as well as their employers.
As a result, liability will arise against both the employer and the employee professional if the latter fails to act with reasonable care and diligence. As a result, the law is well settled that medical men owe a duty in tort, i.e. civil wrongs, to their patients whether or not there is a contract with the patient. Unfortunately, due to a lack of awareness and cultural norms in which every mishap is attributed to God’s will, this aspect of the laws is not properly exploited in Nigeria, particularly in the Northern part.
Second, the cost of litigation is high, and even with Nigeria’s underdeveloped Legal Aid System, not everyone qualifies for legal aid. Finally, evidence from doctor-patient relationships indicates that family doctors are less likely to be sued because they have a more trusting relationship with their patients.
Nonetheless, the law of medical malpractice is here to stay in Nigeria, despite the fact that litigation is on a small scale. Victims of medical malpractice have filed negligence, criminal law, and trespass actions against medical practitioners in Nigerian courts, particularly in southern Nigeria.
This work begins with an introductory chapter that discusses the objectives of the thesis, its scope, the method by which the research is conducted, and the thesis’ organizational Layout. Second, negligence is discussed as a basis for medical practitioners’ liability. The nature of medical practitioner negligence is discussed, and some cases of civil medical malpractice are thoroughly examined.
Finally, the liabilities of quacks and indigenous doctors are discussed. Third, trespass and criminal liability of medical practitioners, as well as hospital management liability, are discussed. Fourth, the defenses and remedies for medical practitioners’ tortious liability in Nigeria are examined.
Finally, there is a summary (conclusion) and recommendations for reforms in the field of medical malpractice law, particularly the tortuous aspect in Nigeria.
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TORTIOUS LIABILITY OF MEDICAL PRACTITIONERS IN NIGERIA: AN APPRAISAL
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