Professional medical negligence or malpractice has been on the increase and needs to be addressed in terms of the attitude of law towards medical practice for the protection of the patient to make the physician liable as well as to secure punitive punishment for any medical practitioner who through carelessness causes harm to a patient. Moreover there is the need to caution medical practitioners who have sent many patients to their untimely graves in the course of their professional duties. It would in addition aid to restore people’s confidence in the medical profession. Increasingly, there is the need for patients to be protected from medical practitioners who no longer see their professional calling principally as that of saving lives but as that of making money. The need for the protection of patients is not new. In advanced countries, precaution has been taken through legislation and through increased reliance on court action both of which ensure that negligent medical practitioners are made to pay damages to affected patients. The medical professionals in the course of discharging their duties are sometimes negligent as regards adhering strictly to their professional Code of Conduct.
In Nigeria there exists a countless catalogue of negligent cases in which the involved medical personnel go scot free because their victims are ignorant of their rights let alone enforcements of such rights. The peculiarities imposed on the practice of medicine in Nigeria by our culture and environment have been examined. It is clear from this that some Nigerian laws which relate to many aspects of medicine are outmoded and inadequate. This negligent act can be described as the breach of duties, standard, care and diligence required by the medical profession.
The main focus of this long essay is to discuss the Issues in Duty of Care of Medical Professionals under the Nigerian Law. With regards to this, solutions would be proffered to curb all acts which might later occur in the nearest future.
