EXAMINATION OF DUTY OF MEDICAL CARE TO PATIENTS BY MEDICAL PRACTITIONERS IN LINE WITH THE EXTANT LAWS IN NIGERIA

Abstract

It is an established law that physicians owe a medical duty of care to their patients. This duty is sacrosanct and must be discharged with such degree of skill and competence the average practitioner of the profession under similar circumstances would use. It is a truism that a healthy nation is a wealthy nation. Medical law being the legal regime that regulates the health sector, the prerogatives and responsibilities of medical professionals as well as the rights of patients; is very significant in protecting patients’ rights. The main objective of this study is to examine the duty of medical care to patients by medical practitioners in line with the extant laws in Nigeria. In the course of carrying out this research, doctrinal research methodology was adopted, wherein case laws and statutes constitutes primary sources of data while textbooks, journal articles, internet sources, seminar and conference materials constitute secondary data. It was found out, among others, that rights of Nigerians relating to health are under the Fundamental Objectives and Directive Principle of State Policy in the Nigerian constitution and so, generally unenforceable. Thus, the citizens are ignorant of their rights to seek remedies for injuries resulting from a physician’s breach of duty of care. The work recommended among others that the Nigerian medical law has to be overhauled, rights of Nigerians relating to health must be removed from the Fundamental Objectives and Directive Principle of State Policy under the Nigerian constitution. The study concluded that a medical practitioner is expected to care for his patient in every professional relationship. Where he fails to exercise the skill or act with the degree of care expected of his experience and status, he is liable for professional negligence.