Jul 24, 2019

#NBAAGC2019 Session - Medical Negligence: Time to Change the Narrative


Medical negligence is the failure of a health care provider to exercise the ordinary care and skill a reasonable, prudent and qualified person would exercise under the same and similar circumstances. The reason why there is a high rise on the issue of medical negligence in Nigeria is as a result of the fact that our health system has deteriorated.

Our health care system is faced with a myriad of problems ranging from poor infrastructure, to being understaffed, unpaid doctors, intermittent power supply and so on. Several of the cases are due to negligence or human error. Examples of some scenarios is being misdiagnosed or not being diagnosed properly and then given the wrong medication, leaving foreign objects in the body of the patient after a surgical operation or lack of adequate care after a surgical operation.

Medical negligence just like every other negligence cases requires the same ingredients: that there was a duty of care owed, a breach occurred in the performance of the duty and the breach caused injury. Doctors and nurses and other medical professionals owe a duty of care to their patient. This does not mean that the work must be perfectly done but that the treatment received from them was of a reasonable standard. And when reverse is the case, the patient should be able to sue the doctor and claim compensation.

The problem with medical negligence is that the court has been very reluctant to find medical practitioners liable for medical negligence except in very extreme and rare cases. As a matter of fact, in Nigeria, it is very difficult if not impossible to successfully prosecute a medical practitioner for medical negligence. This act cannot be said of other jurisdictions where regulations have been put in place to monitor and supervise the adherence of the professional codes, standards and conducts by medical practitioners under their employment.

The various  issues and challenges of instituting actions against Medical Practitioners and the way forward would be discussed at the Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date: Tuesday, 27th August 2019

Time:  9.00 – 10.30

Venue: Eko Hotel

Speakers:      

Moderator: Laolu Osanyin (VP, World Association for Medical Law)

Panelists:     Dr Francis Faduyile

Abiodun Olayiwole

Akinyemi Sofiyyullah Oladipo

Dr. Joel Akande

Alex Muoka

         

If you or any close family member have received poor or substandard diagnosis or treatment from a doctor, nurse, dentist or any medical professional, then this plenary session is for you.
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