EXAMINING THE VIOLATION OF FUNDAMENTAL HUMAN RIGHTS BY THE GOVERNMENT IN NIGERIA: RIGHT TO LIFE AND DIGNITY OF HUMAN PERSONS

ABSTRACT

The medical profession is one of the oldest in human existence. Its relevance to the standard of living and societal development cannot be quantified.This research examines the legal and regulatory framework of medical negligence in Nigeria. It also discusses the liabilities under medical negligence, the remedies and defences of medical negligence. This work explains the elements of negligent act by a medical practitioner which includes duty of care, a breach of that duty of care and the damages which results from the breach of that duty of care which the medical practitioner owes the patient/claimant. This work also discovers the challenges that have hindered the effective regulation of medical negligence despite commendable efforts at ensuring medical practitioners stay true to the basic tenets of the profession. This study revealed that Legislations enacted and bodies established in Nigeria have failed to track and rid the medical profession of recalcitrant, unqualified and negligent practitioners. It further suggests a review of judicial approach towards cases of medical negligence and an amendment of relevant sections of the codes and legislations for effectiveness.