MEDICAL NEGLIGENCE AND IT’S LEGAL
FRAMEWORK IN NIGERIA
Medical negligence, according to black law dictionary,
is defined as the failure to provide medical, dental and psychiatric care that
is necessary to prevent or treat serious physical or emotional injury or
illness.In other words, it is the failure of a medical worker to exercise the
required degree of care and meticulousness that is expected from a doctor or
surgeon of similar nature or specialty.
A medical practitioner owes a duty to exercise
reasonable skill and care in the treatment of his patients.This duty is
independent of any contract between the practioner and his patient, and
therefore subsists regardless of whether the treatment was performed
gratuitously, voluntarily, or for a fee[1].
Furthermore, a doctor who undertakes to treat a
patient, whether or not there is an agreement between them, a duty of care
arises[2].
At the time of induction into the medical profession,
medical doctors swear to an oath to consecrate and dedicate their lives to the
service of humanity, to respect the secrets which are confided in them and to
maintain the honour and noble traditions of the profession, among others.
This oath has been universally adopted by the world
assembly of world medical association at Geneva, Switzerland, in September
1948, and ammended by the 22nd world medical assembly at Sydney,
Australia in August 1994.[3]Despite
all these, it is disheartening to see that there remains numerous lacuna in the
Nigerian medical field which require urgent attention.
INSTANCES OF MEDICAL NEGLIGENCE IN
NIGERIA.
1) Unprofessional
handling of patients.
2) Unhealthy
rivalries among health workers.
3) Poor
transportation and amblance systems in cases of emmergency.
4) Presription
of wrong drugs and tablets.
5) Putting
money ahead of lives.This is a common occurence in privately owned clinics.
6) Using
of harsh and disgusting words on patients, especially by nurses.
LEGAL FRAMEWORK OF MEDICAL NEGLIGENCE
IN NIGERIA.
The liability of a medical practitioner covers both
civil and criminal liability.Both the criminal code(applicable in Southern
Nigeria) and the penal code(applicable in Northern Nigeria) contain provisions
under which cases of medical negligence can be prosecuted.The Nigerian criminal
code[4]
provides thus:
“It is the duty of every person who,except
in
a case of necessity, undertakes to
administer
Surgical or medical treatments to any
other person,
Or to do any other lawful act which
is,or may be
Dangerous to human life or health, to
have reasonable
Skill or to use reasonable care…….”.
In conclusion, based on the foregoing, it is deducible
that the attitudes of Nigerian health workers towards patients is very shameful
and relevant health stakeholders, including the government, need to take
certain steps to salvage the situation.
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