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ABSTRACT
The provision of healthcare in Nigeria suffers from serious deficiencies, despite technological advancement, and has resulted in increased level of medical negligence among practitioners This research examines medical negligence in Nigeria. The doctrinal research was adopted for the study. The study finds that for a doctor to be held liable for breach of duty of care, he must be found to have acted below the standard of care expected of him in the particular circumstance. The study finds that Nigerian laws have made ample provisions to enable patients who experience medical negligence by medical practitioners to assert his/her claims, especially in court. It discovers that illiteracy/ignorance, unwillingness of medical experts to testify, religious beliefs, high cost of litigation, and a dissatisfactory judicial process are some of the challenges associated with providing/curbing medical negligence. The research recommends that victims of medical negligence should always go to court to seek redress where they have the means to pay legal cost and where they do not have the means they should approach the Legal Aid Council, and concludes that there is a need for natural sponsored awareness campaign, thereby awakening their sub-consciousness as to their legal rights.
