ARBITRABILITY OF MEDICAL NEGLIGENCE IN NIGERIA

Abstract

This Long essay critically examines the arbitrability of medical negligence under Nigerian law, with particular focus on the tension between private dispute resolution mechanisms and public interest in healthcare accountability. While arbitration is widely accepted for commercial disputes, its application in sensitive areas like medical negligence raises complex legal, ethical, and policy concerns. The research investigates whether claims arising from medical errors, patient rights violations, and healthcare malpractice fall within the scope of disputes that can be validly submitted to arbitration in Nigeria. The study explores relevant statutory frameworks, including the Arbitration and Mediation Act 2023, the National Health Act 2014, and judicial pronouncements, to determine the enforceability and limits of arbitration agreements in the healthcare context. It also assesses comparative practices from other jurisdictions and evaluates the suitability of arbitration in protecting patient rights, ensuring confidentiality, and delivering timely remedies. The paper argues for a balanced approach one that promotes access to justice and procedural efficiency, without undermining public interest or patient safety. It was therefore recommended that for legislative clarity, institutional reforms, and awareness creation, to foster a fair and effective use of arbitration in resolving medical negligence claims in Nigeria.