SOCIO-CULTURAL, ECONOMIC, RELIGIOUS AND LEGAL IMPEDIMENTS TO THE IMPLEMENTATION OF THE LAW RELATING TO MEDICAL NEGLIGENCE IN NIGERIA

Abstract

The law governing professional negligence in Nigeria, the subset of which is medical negligence is largely common law, handed down by the English system that was inherited, dotted here and there by a few judicial decisions. Despite the prevalence of modern medicine in the country, the medico-legal sphere has remained largely elementary nearly sixty years post-independence. Incidences of medical malpractice by health practitioners are widespread and in some instances, mind-boggling. However, these incidences are usually left unresolved and victims of malpractice prefer to ‘leave the matter in the hands of God’ rather than ventilate their grievances in the courts or through other legally permissible means. This article seeks to examine the socio-cultural, economic, religious and legal underpinnings limiting the effective realisation of the law relating to medical negligence and development of the medical law jurisprudence in Nigeria.