LIABILITY OF INSTITUTIONAL HEALTH CARE PROVIDERS INNIGERIA AND MEDICAL NEGLIGENCE

Abstract

Health care system in Nigeria has recorded unimaginable and unsatisfactory performance in quality health care delivery. The desire to promote awareness of medical negligence due to the fact that at some point in life one has fallen victim of medical negligence, but due to ignorance it was swept under the carpet. This work looked at medical negligence as it relates to health care providers which is not only limited to doctors, but also extends to nurses, laboratory scientist, laboratory technicians and other paramedics. It identified the duties of health care providers to patients as well as the duties of patients towards health care providers, the liabilities of health care providers in medical negligence and to raise awareness on the remedy available to victims of medical negligence. The methodology used is the doctrinal research method. In the course of this work, it was discovered that many Nigerians are not aware of the fact that health care providers could be held liable for medical negligence. Medical malpractice is not only committed by doctors, but also by staff and members of a health care providing institution. Also this research reveals that relationship between patient and health care provider is central in providing health care services. This research came up with recommendations, especially in awareness to health care providers on their legal responsibilities towards their patients and having strict regard for patients which, if adhered to, will go a long way to ameliorate the challenges faced by Nigerians when trying to access health care services.