TORTIOUS LIABILITY OF MEDICAL PRACTITIONERS IN NIGERIA
TORTIOUS LIABILITY OF MEDICAL PRACTITIONERS IN NIGERIA
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Date
2000-04
Authors
ISHAK, Bello
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Abstract
This thesis entitled, "Tortious Liability of Medical Practitioners in Nigeria: An
Appraisal," Examines critically, the civil (tortious) Liability of Health care providers in
Nigeria. In Nigeria, there is very little awareness that medical professional duties carry
legal implications. The conduct of professional people in the medical field, positive or
negative, does not only affect their employers but impact directly on third parties.
Consequently, liability will arise both against the employer and the employee
professional, in the event of a broach of duty by the latter to act with reasonable care
and deligence. The Law is therefore, well settled that medical men owe duty in tort, i.e.
civil wrongs to their patients whether there is a contract with the patient or not.
Unfortunately, this aspect of the laws is not properly exploit in Nigeria especially
in the Northern part, due to low level of awareness and cultural norms in which every
mishap is attributed to God's will. Secondly, the cost of litigation is high and even with
the undeveloped Legal Aid System in Nigeria, not everybody is eligible for legal aid. And
lastly, doctor - patient relationship evidence has shown that family doctors are less likely
to be sued as they are more likely to have relationship of trust with their patients.
Nevertheless, the law of medical malpractice has come to stay in Nigeria even though
litigation is on small scale. Victims of medical malpractices have brought actions against
medical practitioners in Negligence, criminal law, and in trespass in Nigerian Courts,
especially in southern Nigeria.
This work starts with an introductory chapter which discusses the objectives of
the thesis, its scope, the method by which the research is conducted and the
organizational Layout of the thesis.
Secondly negligence is discussed as the basis of liability of medial practitioners.
Under this, the nature of negligence of medical practitioners is discussed and some
instances of civil medical malpractice analysed properly. And finally the liabilities of
quacks and native doctors are also ciscussed.
Thirdly trespass and criminal liability of medical practitioners, as well as the
liability of hospital managements, are discussed.
Fourthly the defences and remedies to tortious liability of medical practitioners, in
Nigeria are examined.
And finally, we have the summary (Conclusion) and Suggestions for reforms in
the area of medical malpractice law, especially the tortuous aspect in Nigeria.
Description
A THESIS SUBMITTED IN PARTIAL FULFILMENT OF
THE REQUIREMENTS FOR THE AWARD OF THE
DEGREE OF MASTER OF LAWS (LL.M.) OF THE
FACULTY OF LAW AHMADU BELLO UNIVERSITY,
ZARIA, NIGERIA.
COPY RIGHT STATEMENT.
NO PART OF THIS THESIS MAY BE REPRODUCED OR
TRANSMITTED IN ANY FORM WITHOUT THE EXPRESS
PERMISSION OF THE AUTHOR IN WRITING
APRIL, 2000.
Keywords
TORTIOUS,, LIABILITY,, MEDICAL PRACTITIONERS,, NIGERIA, APPRAISAL.