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INSIGHTS INTO MEDICAL LITIGATION: Medical Negligence and Access to Justice

Published

4 months ago

January 13, 2024

Stella Charles Akupue

Anne Uruegi Agi, LL.M., is an accomplished legal practitioner with 18 years of experience. She holds an LL.M. in Human Rights and Corporate Legal Practice from the University of Ibadan and has recently completed her PhD in Intellectual Property Law.

Medical malpractice, otherwise known as a breach of professional obligation and negligence of duty by medical practitioners, has been identified as the primary cause of emerging medical litigation in Nigeria. A 2017 survey on medical errors in Nigeria published by the Archives of Medicine and Health Sciences showed a prevalence of negligence at 42.8 per cent per 145 medical practitioners.

According to the report, the three most common errors were errors in medication prescription, which was put at 95.2 per cent; errors in radio-laboratory investigation ordering at 83.9 per cent; and errors in physician diagnoses at 69.4 per cent. Other frequently cited studies also placed the number of deaths as high as 250,000 a year.

This makes medical error the third leading cause of death, behind cancer and cardiovascular disease, in Nigeria. Nigeria is the most populous country in Africa, and even though most patients still keep quiet about issues regarding malpractice and suits are rare, medical personnel must be aware in their practice that patients are increasingly becoming more unforgiving when there is perceived harm to their loved ones as a result of medical negligence. The public is becoming more aware of their rights.

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Ms. Agi is a dedicated law lecturer at the University of Calabar. She is a fervent advocate of space law and policy, working towards promoting space science education, especially among young Africans. She co-founded LEARNSPACE FOUNDATION, an NGO focused on space education and awareness.