Critique Of Nigeria Medical Negligence Legal Frameworks: Need For Reforms

Silas Buowe, Law Postgraduate Program (LL.M), Delta State University, Abraka (Oleh Campus), Delta State, Nigeria

ABSTRACT

With Nigeria as its focus, and using doctrinal legal research, this research work will constructively criticize Nigeria's medical negligence legal frameworks, focusing on the National Health Act, Criminal Code Act, and the Medical and Dental Practitioners Act. The study aims to assess the efficacy and adequacy of these frameworks, highlighting their weaknesses and suggesting potential reforms. Issues such as accountability, regulation, compensation, and awareness are explored in detail. The research findings reveal several deficiencies in Nigeria's medical negligence legal frameworks, including the lack of clear definitions, limited reporting mechanisms, complex compensation processes, and inadequate awareness. The research recommends various reforms to address these shortcomings, such as the establishment of a national health complaints commission, amendments to the Criminal Code Act, improvement of reporting mechanisms, streamlining of the compensation process, and promoting awareness through education and training. These reforms would prioritize patient safety, enhance accountability, and ensure justice for victims of medical negligence.

Keywords: Negligence, Medical Negligence, Legal Frameworks, Reforms, Doctors