Medical professionals are entrusted with our health, bound by a legal “duty of care” to their patients. When this duty is breached, causing injury, it forms the basis for a medical negligence claim. Despite being severely underreported, there are several negligence cases in Nigeria that are tragically common.
The reality spans from misdiagnosis like treating typhoid as a simple infection, to life-altering errors, such as nearly performing an unnecessary Caesarean section. Even prominent figures like the late legal icon Chief Gani Fawehinmi were not spared; he was treated for pneumonia in Nigeria while actually battling advanced cancer, only correctly diagnosed abroad. Conversely, the late Professor Dora Akunyili’s experience shows negligence is not confined to developing nations; her cancer diagnosis in Nigeria was reportedly overruled by physicians in the United States.
The scale is global, with the UK alone paying an estimated $1.2 billion annually in compensation. This underscores the severe risks patients face and the critical need to address medical negligence. This article provides a legal overview of medical negligence in Nigeria, aiming to enlighten patients and professionals on who can sued and be sued for in such instance.
Medical Negligence Meaning
At its core, negligence is a breach of a duty of care that results in harm. To prove it, three elements must be established:
- A duty of care existed from the professional to the patient.
- That duty was breached.
- The breach directly caused damage or injury to the patient.
The point must be made that there is a difference between negligence simpliciter and professional negligence. While the test for the former is that of an ordinary prudent man under similar circumstances, the test for the latter is that of an ordinary prudent man professing the relevant skill.
However, not every unfavorable outcome is negligence. Medicine carries inherent risks. A mistake only becomes “negligence” if it would be deemed deserving of censure by competent professional peers a failure falling disgracefully short of accepted standards.
Legal and Professional Frameworks
Medical negligence is addressed through multiple channels:
Gross negligence can be a crime. For instance, the Criminal Code prescribes imprisonment for medical practitioners who fail to exercise reasonable skill.
Acts like the Medical and Dental Practitioners Act establish disciplinary tribunals. These bodies can sanction “infamous conduct,” which includes negligence, with penalties ranging from reprimand to erasure from the professional register.
Through Civil law, it is the primary route for compensation, where a victim sues for damages resulting from the tort of negligence.
The Challenge of Proof
The burden of proof lies with the claimant (patient) who asserts. Given medicine’s complexity, this is often the highest hurdle. Courts recognize that hospital records alone may be insufficient; expert testimony is usually indispensable to explain what a competent professional would have done differently.
An exception is the principle of res ipsa loquitur (“the thing speaks for itself”). This applies to incidents that simply would not occur without negligence (e.g., a surgical instrument left inside a patient). Here, the court can infer negligence from the result, shifting the burden to the medical professional to explain what happened.
Who Can Sue and be Sued For?
The Injured Patient: Has the primary right to sue.
Legal Representatives: Parents or guardians can sue on behalf of minors or persons under disability.
Next of Kin: In cases of wrongful death, family members can institute an action.
A complex legal question arises if a negligent doctor dies before a case concludes. The common law rule that “a personal action dies with the person” could potentially absolve their employer. However, statutes like the Administration of Estate Law may allow the action to survive against the deceased’s estate, keeping the employer liable.
Pathways for Victims: Three Avenues for Redress
Civil Suit: For financial compensation (damages). Requires proving the three elements of negligence.
Criminal Complaint: If negligence is intertwined with a crime (e.g., manslaughter due to gross negligence leading to death).
Professional Complaint: To the Medical and Dental Practitioners Disciplinary Tribunal for ethical sanctions against the practitioner.
Act Within the Time Limit
Victims must act promptly. The Limitation Act generally allows a three-year window to file a civil suit, starting from the date of the negligent act or injury discovery. This period extends to six years if the claimant was under a “disability” (e.g., a minor) at the time, except if they were in the care of a parent or guardian.
Conclusion
Medical negligence poses a significant threat to public health and trust. This overview highlights that while the path to redress is legally structured, it is often challenging, especially in gathering expert proof. Healthcare providers must adhere to the highest standards of their profession. Patients, meanwhile, should be aware of their rights and the available avenues civil, criminal, and professional to seek justice and accountability, ensuring they pursue any claim within the strict statutory time limits.
We at eLegal Consultants have professional medical negligence lawyers that will help you analyze the availability of a negligence and how best to seek redress without wasting time. Contact us today for a free consultation.
