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.

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.

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.

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

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

Date: Tuesday, 27th August

9.00 – 10.30

Venue: Eko Hotel


Laolu Osanyin (VP, World Association for Medical Law)

Panelists:     Dr Francis Faduyile


Sofiyyullah Oladipo

Joel Akande



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.