MEDICAL NEGLIGENCE AND PROFESSIONAL LIABILITY IN NIGERIA: WHAT EVERY FEMALE DOCTOR MUST KNOW

Main Article Content

Hagler Okorie PhD, FCArb, FICMC

Abstract

Medical negligence and professional liability remain some of the most complex legal challenges confronting healthcare practitioners in Nigeria, with female doctors facing unique professional, ethical, and workplace-related vulnerabilities. As the medical landscape evolves—with increasing patient awareness, rising litigation, and intensified regulatory oversight—understanding the legal framework governing malpractice has become essential for safeguarding clinical practice. This paper examined the core elements of medical negligence under Nigerian tort law, including the duty of care, breach, causation, and resultant damage, while highlighting the implications of judicial precedents and regulatory guidelines issued by bodies such as the Medical and Dental Council of Nigeria (MDCN). It further analysed high-risk clinical areas such as obstetrics and gynaecology, emergency care, paediatrics, and surgical practice, where female doctors disproportionately encounter medico-legal exposure due to systemic pressures, gendered expectations, and patient-doctor communication barriers.The abstract explored how inadequate documentation, consent failures, communication gaps, resource constraints, and institutional deficiencies contribute to liability risks. It underscored the importance of robust professional indemnity insurance, adherence to clinical guidelines, and the use of standard protocols for informed consent and patient confidentiality. Specific emphasis is placed on the gender-sensitive dimensions of medical law, including workplace harassment, discrimination, overwork, and ethical dilemmas that disproportionately affect female practitioners. By integrating legal principles with practical risk-management strategies, this study provided a comprehensive guide to preventing litigation, responding to complaints, and understanding the investigation and disciplinary processes before the MDCN, judicial bodies, and hospital review panels. Ultimately, the paper equipped female doctors in Nigeria with the legal literacy, ethical grounding, and practical tools necessary to navigate the complex terrain
2
of medical liability while strengthening patient trust, improving clinical outcomes, and promoting a safer and more equitable healthcare environment.

Article Details

Section

Articles

Author Biography

Hagler Okorie PhD, FCArb, FICMC, Abia State University

Professor at the Faculty of Law, Abia State University, Umuahia Campus.

References