ABSTRACT
The provision of healthcare in Nigeria suffers from serious deficiencies, despite technological advancement, and has resulted in increased level of negligence and tortious action among practitioners This research examines the tortious liability of medical practitioners in Nigeria. the study was set to find out the circumstances that amounts to tortious liability of medical practitioners, as well as the liability of hospital management, and the defences and remedies to tortious liability of medical practitioners. The doctrinal research was adopted for the study. The study finds that for a medical practitioner 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 also found that some acts that could amount to the liability of medical practitioners during medical care include retention of objects in operation sites, failure to attend and give prompt attention, incorrect diagnosis, failure of advice and communication, failure to take a full medical history, and errors in treating patients. It was also shown that the Nigerian Constitution, the Criminal Code, National Health Act, the Medical and Dental Practitioners Act, and the Code of Medical Ethics of the Nigerian Medical and Dental Council, provides for curbing medical negligence. However, contributory negligence, remoteness of damage (causation), defence of consent, defence of accident, defence of emergency, and defence of acceptable practice, are specific defences to the tortious liability of medical practitioners in Nigeria. The research recommends that medical doctors should be mandated to treat or operate upon patients who are in critical conditions. Also, 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.
