Medical Negligence in Nigeria: Legal Framework, Challenges and the Need for Systemic Reform

Medical negligence remains a significant legal and public-policy concern in Nigeria. This paper examines the legal framework governing medical negligence, focusing on the duty of care owed by medical practitioners, the elements a claimant must establish, the burden and standard of proof, and the importance of expert evidence in medically technical disputes. It also considers the Bolam principle and the subsequent Bolitho qualification as comparative approaches to determining the professional standard of care. Using Nigerian authorities, particularly Ojo v. Gharoro (2006) 10 NWLR (Pt. 987) 173 and Delta State Hospitals Management Board & Ors v. Onome (2022) LPELR-59333(CA), the paper highlights the evidential difficulties faced by claimants. It further considers circumstances in which negligent medical conduct may attract criminal liability, before examining systemic factors such as inadequate funding, pressure on public hospitals, shortages of medical personnel and overwork. The paper argues that legal remedies alone cannot adequately address medical negligence and proposes stronger healthcare funding, digitalisation of medical records, more effective professional disciplinary processes and greater public awareness of patients' rights.