Case scenario
A patient sends a doctor a WhatsApp message describing abdominal pain and attaches laboratory results. Without a physical examination, the doctor recommends medication and assures the patient that the condition is not serious. The patient’s condition deteriorates, and the patient alleges that the advice delayed proper treatment.
Similarly, a pharmacist recommends medication and dosage through social media based solely on information supplied by a patient. The patient suffers an adverse reaction and alleges inappropriate advice. Both professionals argue that the communications were merely informal.
Legal perspective
Giving medical advice through WhatsApp or social media does not automatically protect a healthcare professional from liability. The key considerations are the nature of the advice, the circumstances, any professional relationship created and whether the practitioner exercised the expected standard of care.
The Medical and Dental Council of Nigeria (MDCN) regulates medical practice and professional standards. Its Guidance on Social Media and Responsible Online Conduct, issued in 2025, makes it clear that professional standards applicable offline also apply online.
Key considerations include:
Professional responsibility: Online responses to individual medical problems may create professional obligations.
Negligence: Advice that falls below the applicable standard of care and causes injury or loss may give rise to liability.
Diagnosis and prescribing: General health education differs from diagnosing conditions, prescribing medication or changing treatment. Personalised advice carries greater risk.
Limitations: Messages, photographs and test results may be insufficient for diagnosis. Patients should be referred for examination or appropriate telemedicine where necessary.
Confidentiality: Patient records, photographs and other identifiable information must be protected and shared only with appropriate consent.
The Pharmacy Council of Nigeria (PCN) regulates pharmacy practice and professional ethics. Pharmacists must similarly observe professional standards when providing medication advice online.
Determining liability
Liability may depend on whether a professional relationship existed, the practitioner’s licensing status, the information available, whether examination was necessary, the nature of the advice, compliance with professional standards, appropriate warnings or referrals, and whether the advice caused injury or loss.
The central question is whether the practitioner exercised the level of care reasonably expected in the circumstances.
Defences available
A practitioner may argue that the communication was general health education rather than individual advice; sufficient information was available for a reasonable assessment; the patient was appropriately referred; the injury was not caused by the advice; the patient failed to follow instructions; the advice represented reasonable professional judgment; or no professional relationship existed.
Practical advice
Healthcare professionals should not treat WhatsApp or social media as substitutes for clinical consultations where examination is necessary. They should avoid definitive diagnoses based solely on messages or photographs and should not casually prescribe or alter medication without proper assessment.
They should distinguish general health education from individual medical advice, maintain appropriate records, protect patient confidentiality and ensure their professional licences remain current.
Closing insight
WhatsApp may be a convenient communication tool, but it is not a legal shield.
A doctor or pharmacist who provides individualised medical or medication advice online may still be professionally or legally accountable if the advice falls below the applicable standard of care and causes harm. However, not every social-media health comment creates liability. The law distinguishes between general health education and undertaking to diagnose, prescribe or manage an individual’s condition.
