MEDICAL MALPRACTICE AND NEGLIGENCE LAWS IN NIGERIA

Relevance . This paper scrutinizes the current laws and practices in Nigeria with regards to medical negligence litigation whilst making proposals for reforms. Although the history of medicine is traceable to the Greek academic, Hippocrates (founder of modern medicine) for bringing scientific reasoning into medical practice, therefore expunging the previous belief in metaphysics that befogged healing practice The aim of this article is to throw more light on medical malpractice and its laws, attempting to proffer some solutions to its shortcomings in Nigeria. Material and method. I look at the west African country, Nigeria, gauging the efficiency of its laws in the context of medical negligence. Results as and Discussion . Intricacies include but are not limited to diversity and cultural, religious differences, more socially conservative attitude, a less pragmatic decision making about healthcare, economic and political difficulties not unconcerned with the plague of corruption; and finally, an obvious lack in healthcare resources. Another key shortage is that of medical resources in health care facilities adding to what has been a ″brain drain″ of medical personnel from Nigeria to richer countries. The social and spiritual attitudes prevalent in suburban and rural towns of Nigeria tend to weaken the claim by patients of their rights. Conclusion . The Nigerian courts are conventional in their use of tort philosophies and there is minute evidence of any established theory on the role the tort law in Nigerian society. Instead, there is an inclination towards formalism, masquerading or probably, overlooking - any scrutiny of fundamental policies.