APPRAISAL OF LEGAL REMEDIES TO THE VICTIMS OF MEDICAL NEGLIGENCE.

Date

2021-06-15

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DEPARTMENT OF PUBLIC AND INTERNATIONAL LAW,FACULTY OF LAW,NASARAWA STATE UNIVERSITY KEFFI.

Abstract

This researcher work critically seeks to enlighten citizens of this country of their rights and the duty of care the health practitioners owe to them before and after administering treatment on them. In Nigeria there is low level of awareness that health practitioner duties carries legal implication aside their professional duties. It is essential to protect a patient who approaches health practitioner. The research examined the civil liabilities, criminal liabilities of the health practitioners and the remedies available to the victims wherever there is a default in administering treatment on patient. The carelessness of health practitioners in administering treatment on patient is on the high side in Nigeria, the competency of some of these health practitioner is questionable they are getting away from liabilities including the hospitals. It is unfortunately victims are silent when their right is being infringed on by health practitioners, at times this professionals will cover up and not disclose the actual cause of the injury to the victims, as a result of this victims are discouraged in getting justice. As a result of low level of awareness and cultural norms in which every mishap is attributed to God's will. Also, the cost to pursue the case in court is high and even with the undeveloped Legal Aid System we practice in Nigeria, not everybody can be assisted by legal aid. The research finds health practitioners - patient relationship evidence has shown that family doctors are less likely to be sued as they are more likely to have relationship of trust with their patients. Nevertheless, the effective implementation of medical negligence law has come to stay in Nigeria even though litigation is on small scale. Victims of medical negligence can institute actions against health practitioners in Negligence, criminal law.

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Citation

A DISSERTATION SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF LAWS (LL.M) IN SECURITY LAW AND POLICY IN FACULTY OF LAW, NASSARAWA STATE UNIVERSITY, KEFFI.