By Umar Aisha Kadafur
In a country where healthcare is meant to preserve and protect life, an alarming trend threatens to undermine public trust and compromise the very essence of medical practice in Nigeria—medical negligence. This silent yet devastating crisis is leaving a growing number of Nigerians injured, traumatised, or even dead, due to preventable errors within the healthcare system.
Understanding Medical Negligence: Medical negligence occurs when a healthcare professional fails to provide care that meets established medical standards, resulting in harm to the patient. This breach of duty may involve retained surgical instruments, improper treatment protocols, delayed or incorrect diagnoses, or failure to obtain informed consent from patients prior to medical procedures.
In Ojo v. Gharoro, a surgeon left a broken needle in a patient’s abdomen during surgery—a critical oversight with long-term health implications. Similarly, in Okekearu v. Tanko, a young boy had his finger amputated without proper consent from his guardians. These are not rare or isolated incidents; rather, they point to systemic failings that continue to plague the nation’s healthcare delivery.
Legal Framework and Barriers to Justice: Under Nigerian law, victims of medical negligence can seek redress through civil litigation (for compensation), criminal prosecution (in extreme cases of recklessness), and professional disciplinary actions (via regulatory bodies).
Key legislative instruments include the Medical and Dental Practitioners Act, the National Health Act, and the Criminal Code. However, despite the availability of legal avenues, proving medical negligence remains an uphill battle.
To succeed in a negligence claim, a plaintiff must establish four critical elements: Duty of care – the medical professional owed a duty to the patient; breach of duty – this duty was violated; causation – the breach directly caused harm; damages – the patient suffered actual injury or loss.
Courts often rely on the Bolam test—which assesses whether the medical professional acted in accordance with a practice accepted as proper by a responsible body of medical opinion—and the Bolitho addendum, which adds that the opinion must be logical and defensible. Despite these tests, enforcement is inconsistent, and judicial proceedings are often slow, costly, and emotionally draining, discouraging many victims from pursuing justice.
The Case for Reform: As a concerned citizen and future legal practitioner, I believe that tackling this crisis requires a multi-dimensional approach – Establish Medical Arbitration Boards: These boards, composed of legal, medical, and ethical experts, can provide timely, impartial evaluations of malpractice claims and offer resolutions outside the formal court system.
Promote Alternative Dispute Resolution (ADR): Encouraging mediation and arbitration can ease the burden on the judiciary and help victims obtain swifter compensation or apologies, while allowing practitioners to learn and improve.
Update and Harmonize Laws: Many of our existing health laws are outdated or poorly enforced. Legislative reform is needed to clarify medical duties, streamline procedures, and establish clearer penalties for violations.
Improve Public Awareness: Patients often do not know their rights or how to hold negligent practitioners accountable. Public education campaigns can empower citizens and promote informed decision-making.
Strengthen Professional Oversight: Regulatory bodies like the Medical and Dental Council of Nigeria (MDCN) must be more proactive and transparent in investigating complaints and disciplining errant professionals.
Conclusion: Addressing medical negligence in Nigeria is not just about seeking punishment—it is about restoring trust, ensuring accountability, and ultimately saving lives. We must act boldly and urgently to reform our healthcare and legal systems. Only then can we build a future where every Nigerian—regardless of status or location—receives safe, respectful, and competent medical care.
Umar Aisha Kadafur is a Public Affairs Analyst.
Let us not allow silence or bureaucracy to bury the voices of those harmed. It is time to heal the system, not just the symptoms.
