When Doctors Fail: The Silent Crisis of Medical Negligence in Nigeria

Healthcare in Nigeria is something many people talk about with frustration and fear. Over the years, countless families have shared painful stories of loved ones who suffered injuries or even died because of mistakes made by doctors, nurses, pharmacists or hospitals. These cases of medical negligence in Nigeria are a sad reflection of how broken the system has become.

Because of this poor state of healthcare, many Nigerians who can afford it travel abroad for medical treatment. Sadly, most people do not have that option. They are left with hospitals that often lack equipment, qualified staff or even basic compassion. What makes the situation worse is that many people do not know their rights. They do not know that medical practitioners owe them certain duties and that when these duties are ignored, they can actually get legal help.

This simple guide breaks everything down. You will understand what medical negligence in Nigeria means, the laws that protect you, the duties doctors owe you and how you can seek justice if something goes wrong.

What Medical Negligence Really Means

Medical negligence happens when a doctor or healthcare worker fails to give proper care and the patient suffers for it. The Supreme Court once described negligence as a lack of proper attention and behaviour that falls below what the law expects from a professional.

In simple terms, it means a mistake that should not have happened.

It is not only doctors who can be guilty of medical negligence in Nigeria. Nurses, pharmacists, laboratory staff and other health workers can also be held responsible if their actions harm a patient.

Examples of Medical Negligence

There are many actions that count as negligence. Some common examples include:

• Not attending to a patient who clearly needs urgent help

• Giving the wrong advice about a dangerous procedure

• Acting without the patient’s consent

• A wrong diagnosis or mistake during treatment, like amputating the wrong limb or prescribing the wrong drug

• Failing to refer a patient to a better equipped hospital

• Showing obvious incompetence

• Ignoring steps that should be taken to protect a patient

These actions show a lack of basic care, and when they cause harm, they become grounds for a complaint or lawsuit.

Laws and Bodies That Regulate Medical Practice in Nigeria

Nigeria has several laws that guide how medical practitioners should behave. Examples include:

• Medical and Dental Practitioners Act

• Code of Medical Ethics

• National Health Act

• Nursing and Midwifery Act

• Criminal Code Act

• Patients Bill of Rights

The main regulatory body is the Medical and Dental Council of Nigeria (MDCN). They set the standards, monitor health workers and punish those who act unprofessionally. Other regulatory bodies exist for laboratory scientists, therapists, optometrists and more.

Duties Doctors Owe Patients

Every doctor-patient relationship is built on trust. Once a doctor agrees to attend to you, certain duties automatically arise. These include:

1. Duty to Provide Emergency Care

A medical practitioner must offer emergency help to save a life. They are not allowed to refuse this.

2. Duty to Treat the Patient

Once treatment begins, the doctor must continue until the patient is stable. Leaving the patient midway without a valid reason is not allowed.

3. Duty to Get Consent

Doctors must explain the treatment and get your consent before proceeding. Consent must be clear and not assumed.

4. Duty to Share Important Information

Doctors must tell you the risks, benefits and likely outcomes of treatment so that you can make an informed decision.

5. Duty to Protect Your Privacy

Any information you share with your doctor must remain confidential unless you give permission for it to be disclosed.

6. Duty to Warn Against Harmful Treatment

If a treatment is risky or unnecessary, your doctor must warn you.

7. Duty to Exercise Care and Skill

Health workers must be careful, professional and thorough. Carelessness that causes harm is medical negligence.

8. Duty to Tell You About Other Treatment Options

If there are alternatives to a proposed treatment, the patient must be informed.

Whenever any of these duties is ignored and the patient suffers harm, it becomes a case of medical negligence in Nigeria.

How to Seek Legal Redress for Medical Negligence

If a medical worker’s actions cause harm, the patient or their family can take several steps to get justice. To win a negligence case, the person complaining must prove three things:

1. The medical practitioner owed a duty of care

2. The practitioner failed in that duty

3. The patient was injured because of that failure

1. Criminal Complaint

Under the Criminal Code, a healthcare professional can be punished for negligent treatment that endangers life. In very serious cases like death, the police may charge the practitioner with manslaughter.

2. Civil Lawsuit

The affected patient can sue the hospital or medical practitioner for damages. If the patient dies, their family can sue for wrongful death.
Important note: lawsuits for medical negligence in Nigeria must be filed within three years except for fundamental rights cases.

3. Complaint to MDCN

You can also write a petition to the MDCN. They will investigate and, if the practitioner is found guilty, they can suspend or even strike the practitioner off the register.

The decision of the MDCN does not stop the victim from also filing a criminal or civil case.

Conclusion

Patients in Nigeria deserve better. You deserve answers when things go wrong. You deserve to understand your rights, to ask questions and to know that you can take action if you experience medical negligence in Nigeria.

Not all medical mistakes amount to negligence, but when a medical practitioner clearly fails in their duty and it causes harm, there are legal options available. The healthcare system may still have a long way to go, but knowing your rights is the first step toward protecting yourself and demanding better care.