Question:
What constitutes medical negligence under Nigerian law, and how is liability determined in court? – Solomon Ojigbo
Case scenario:
Dr. Adebayo, a busy general practitioner, prescribes a medication to a patient without reviewing the patient’s medical history. The patient suffers severe complications due to a known allergy. The patient sues for negligence, claiming the harm could have been avoided. Is Dr. Adebayo legally liable?
Legal perspective:
In Nigerian law, medical negligence occurs when a healthcare professional fails to exercise the standard of care that a reasonable practitioner would under similar circumstances, resulting in harm or injury to a patient.
Key elements Nigerian courts consider:
Duty of Care – Was there a legal duty owed to the patient?
Breach of Duty – Did the healthcare provider fail to meet the standard of care?
Causation – Did the breach directly cause harm to the patient?
Damages – Was the patient actually harmed (physically, emotionally, or financially)?
These elements were reaffirmed in the landmark case of Okonkwo v. Medical and Dental Practitioners Disciplinary Tribunal (2001) 7 NWLR (Pt. 711) 206, where the Supreme Court emphasized patient autonomy and professional responsibility.
Determining liability:
Nigerian courts assess:
Expert testimony: Often needed to establish what the standard of care should have been.
Hospital records: Incomplete or altered records can hurt a defence.
Reasonableness: Was the act a decision any competent peer might have made under similar conditions?
If the court finds that a competent healthcare provider would have acted differently, liability is likely to follow
Defences available to healthcare professionals:
No Duty Owed – The accused did not have a professional duty to the claimant.
Contributory negligence – The patient’s own actions contributed significantly to the harm.
Informed consent – The patient knowingly accepted the risks involved in the treatment.
Emergency doctrine – Life-saving action was taken in an emergency without time for proper consent.
Good Samaritan protection – In some cases, assistance provided in good faith outside a formal setting may not attract liability.
Practical advice:
Keep thorough and accurate records.
Always obtain informed consent — in writing.
Communicate clearly and professionally with patients.
Know when to refer complex cases.
Ensure your malpractice insurance is active and adequate.
Closing insight
“Negligence is not about being perfect — it’s about being professionally reasonable.”
Your best defence is preparation, professionalism and compassion
About this column
Legal Angle is a monthly column in Pharmanews dedicated to exploring legal issues affecting healthcare practice in Nigeria. Each edition sheds light on common legal concerns faced by healthcare professionals – from medical negligence to professional ethics, patient rights, and regulatory compliance – all through the lens of Nigerian law.
The column aims to inform, educate, and empower practitioners to navigate the legal landscape with clarity and confidence.
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