He summarizes the three presentations made by nigerians at the congress, presentations that showcase several pertinent issues facing nigerians in the medicolegal space. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. Have you or someone you know been a victim of medical negligence in nigeria, and you are wondering whether you have sufficient grounds to sue the hospital and doctors. Diagnosis, wrong diagnosis, medical practice, duty of care and. The primary objective of this study is to establish the factors that have contributed to the preponderance of counterfeit drugs in nigeria despite the laws. During the sogon convention in 1976, the prime minister of health gave a speech that hinted on the possibility for a national reform of abortion laws. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. These cases of medical negligence, has caused much grief to several families and little is known of the legal consequences of the actions of the medical practitioners or respective health care establishment. It is the act of registration and not the medical qualification that confers on the practitioner the legal right to practice medicine. Through its various platforms, nigeria health watch provides informed commentary and in depth analysis of health issues in nigeria, always in good conscience. Nigerias national health act 2014 was signed into law by president goodluck ebele jonathan on the 9 th of december, 2014. Numerous and frequentlyupdated resource results are available from this search. Perspectives on medical law in nigeria, an account from.
This weeks thought leadership series on health piece comes from barrister laolu osanyin, who highlights nigerias recent showing at the world congress on medical law last month. Nigeria has its own constitution which was established on 29 may 1999. A vast majority of the people had no access to orthodox health care. Medical law and ethics in nigeria festus oghenemaro emiri on. A medical device means any instrument, apparatus or contrivance including components, parts and accessories thereof manufactured, sold or advertised for internal or external use in the diagnosis, treatment, mitigation or prevention of any disease, disorder, abnormal physical state or the symptom thereof, in man or animal. But the postcolonial period witnessed an era of independence and strategic development plans that culminated. By titilayo ojo in nigeria, the medical profession is one that has suffered some setbacks in dealing with issues relating to medical negligence.
The act established the framework for the regulation, management and development of a national health system and also set standards for rendering health services and other related matters. The main branches of medical law are the law of torts most notably medical malpractice and criminal law in relation to medical practice and treatment. This advocacy was supported by the nigerian medical association nma and the society of gynecologists and obstetricians of nigeria sogon. Codes of medical ethics in nigeria medical and dental council of. Medical law in nigeria by ademola yakubu, 2002, demyaxs press edition, in english. The main objective of this study was to evaluate the knowledge of medical doctors in a tertiary care hospital in nigeria in the area of medical ethics. This background forms the basis of the present study with an attempt to elucidate the knowledge, attitude and practice of the health care providers in relation to health care ethics in nigeria.
So, if a doctor, nurse or other health professional treats you with reasonable care then you will probably not have a claim for compensation. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. It is also very strict and sometimes, many students are not able to graduate as medical doctors when they are not able to meet the least requirements. Lanre onidundu was rushed to the gbagada general hospital with a gunshot wound to the leg after being shot by bank robbers.
The law of nigeria consists of courts, offences, and various types of laws. If the law allows abortion to be performed, a healthcare. President muhammadu buhari on thursday signed two bills into law. Buhari signs medical residency training bill into law. Negligence in nigeria not at claimants beck and call. Data was gathered by a combination of the use of questionnaires. Medical law and ethics in nigeria in searchworks catalog. Also, a study carried out by the society of gynecologists and obstetricians of nigeria and nigerias ministry of health indicated that women who engage in unsafe abortion were estimated at 20,000 each year. It is necessary to emphasize that, no medical device shall be manufactured. Intersections of violence against women and health. The knowledge of medical ethics is essential for health care practitioners worldwide. Act cap 221, laws of the federal republic of nigeria 1990 decree no. Discussing existing controversies and illustrating landmark cases drawn from several jurisdictions, medical law and ethics in nigeria is one of the most comprehensive books on the subject to date. Oct 15, 2019 download of a copy of this law is available n1,500 pdf.
Dec 15, 2009 medical law in nigeria by ademola yakubu, 2002, demyaxs press edition, in english. Nigeria s national health act 2014 was signed into law by president goodluck ebele jonathan on the 9 th of december, 2014. Department of surgery, university of ilorin university of ilorin teaching. Festus emiri discussing existing controversies and illustrating landmark cases drawn from several jurisdictions, medical law and ethics in nigeria is one of the most comprehensive books on the subject to date. In this second installment of our 3part series on medical negligence in nigeria read part 1 here, temitayo olofinlua explores the challenges of reporting and seeking justice for medical negligence in nigeria. Medical law cant be termed a new area of law, however it just started gaining light in some jurisdictions. Medicine is one of the most competitive and strenuous courses to study in the nigerian university. Doc medical negligence in nigeria li6777 pl academia. Pursuant to the enabling law, the medical and dental council of nigeria has been constituted in accordance with the provision of the law. International journal of law and legal jurisprudence studies.
See below the history of nigeria public health law the colonial authorities provided health care to colonial administrators and their families only. Mrs gillick, a mother, challenged this in a court of law to get this advice declared illegal. Medical law in nigeria archives nigeria health watch. Ten years in the making, the law aims to improve the countrys healthcare system, including access to primary care for vulnerable segments of the population, such as women, children and the elderly. Download the official copy of the national health act 2014 pdf. Since that law came into effect, and the medical and dental council of nigeria.
I am giving my answer in the context of kenya citing the two as african countries which are both members of the common wealth. Medical doctors salary scale in nigeria 2020 updated. Social and financial risk protection for poor and vulnerable populations is a major development and policy issue across the globe. There are numerous definitions of social protection. Medical practitioners in nigeria owe allegiance to the medical and dental council of nigeria and the nigeria medical association.
The interaction of law and ethics in medical practice despite their distinctive roles, law and medical ethics overlap in many areas. Customary law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of precolonial yoruba land secret societies and the ekpe and okonko of igboland and ibibioland. Administrative appeals tribunal act 1975 australia. The medical and dental practitioners act, cap 221 laws of the federal republic of nigeria,1990, hereinafter referred to as the law states as follows.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. In that celebrated case, the foundation of modern negligence law, lord atkin declared there was a general duty to take reasonable care to avoid forseeable injury to a. Pdf although, each is different from the other, but then law, as a regulatory antecedent runs through all profession including medicine. Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. Cannabis is widely grown across the states of nigeria, including ondo state, edo state, delta state, osun state, oyo state and ogun state. English law in nigeria is derived from the colonial nigeria, while. In the context of health, social protection is defined as programmes and measures aimed at removing financial barriers preventing access to health care services and protecting poor and vulnerable populations from.
An act to repeal and replace the labour code act and consolidate the law relating to labour. Odia department of medicine, college of health sciences, university of port harcourt, port harcourt, nigeria nigeria consists of over 250 ethnic groups with various customs and values. Pdf informed consent practices in nigeria emmanuel. Cannabis in nigeria is illegal, yet the country is a major source of west africangrown cannabis, and ranked the worlds eighth highest consumer of cannabis. The constitution of nigeria is the supreme law of the country.
The act established the framework for the regulation, management and development of a national health system and also set standards. How to sue for medical negligence in nigeria lawpadi. Medical law has been in practice in nigeria for quite a while but it is yet to gain the prominence it has in other jurisdictions like america, united kingdom, india, etc. Assault tort and battery tort, a form of trespass to the person. The main branches of medical law are the law of torts most notably medical malpractice. Hau konglung, consultant forensic pathologist kowloon forensic pathology service, department of health introduction it is now a firmly established belief that legal and ethical considerations are integral to medical practice in the planning for the care of the patient. Medical law and ethics in nigeria by oghenemaro emiri.
Odia mbbs, fmcp, fwacp, frcp, edin professor medicine consultant physiciancardiologist. Odia mbbs, fmcp, fwacp, frcp, edin professor medicine consultant physiciancardiologist a. There are various laws governing medical practice in nigeria and one of such laws is the medical and dental practitioners act cap m8 which is designed to regulate and govern medical ethics in nigeria and rules of professional conduct for medical and dental practitioners. Medical negligence in nigeria by radiant health magazine. The relation between law, religion, culture and medical. Dec 09, 2016 nigeria health watch uses informed advocacy and communication to influence health policy and seek better health and access to healthcare in nigeria. What the law requires is that the medical professional must exercise a reasonable standard of care from them. Buhari signs medical residency training bill into law punch.
Department of psychiatric, federal neuropsychiatric hospital, kware, nigeria 3. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Association accepts and recognises the absolute legal dictate that patientdoctor confidentiality demands, in keeping with their. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law.
The research done by the guttmacher institute revealed that an estimated 456,000 unsafe abortions are done in nigeria every year. May 30, 2015 a member of the editorial board of medical malpractice law report. Knowledge of medical ethics among nigerian medical doctors. Olalekan adetayo, abuja president muhammadu buhari on thursday signed two bills into law. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Types of law in nigeria and their purpose information. The constitution of the federal republic of nigeria 1999 with annotations lagos. Discussing existing controversies and illustrating landmark cases drawn from several jurisdictions, medical law and ethics in nigeria is one of the. Medical negligence litigation in nigeria tara trinity college.
Their public health laws are almost similar laws of kenya public health act. There is a steadily growing medicolegal environment in nigeria. General provisions as to protection of wages, contracts of employment and terms and conditions of employment. These guidelines are for the interest of the general public and in particular medical devices stakeholder in nigeria. Patients in nigeria still see doctors as small gods who are perfect and are not. Pdf background nigerias national health act 2014 nha 2014 was signed into. Medical and dental practitioners act an act to establish the medical and dental council of nigeria for the registration of medical practitioners and dental surgeons and to provide for a disciplinary tribunal for the discipline of members. The relation between law, religion, culture and medical ethics in nigeria o.
They are the medical residency training act 2018 and the hydroelectric power producing areas development. Aug 28, 2019 i am giving my answer in the context of kenya citing the two as african countries which are both members of the common wealth. Results the study population comprised health professionals medical. Health and medical law in nigeria is only just being recognized as a relevant field of study. Medical practice and negligence in nigeria manifield. Osanyin believes that medical law practice is still at a pioneer stage in nigeria and requires the input of all stakeholders to. Medical duty of care in nigeria derives from the principle of law established in the english case of donoghue v stevenson 1932 ac 562. Most writing on informed consent in africa highlights different cultural and social attributes that influence informed consent practices, especially in research settings. This article is about a system of rules referred to as law and the types of law in nigeria with their purposes. Simply put law is a system of rules that are created and enforced by man through environmental or social governmental institutions to regulate the behavior of individuals in the society. A member of the editorial board of medical malpractice law report. This weeks thought leadership series on health piece comes from barrister laolu osanyin, who highlights nigeria s recent showing at the world congress on medical law last month. Legal perspectives on liability for medical negligence and.
1108 533 749 280 1098 825 508 372 1512 850 459 1150 793 1080 1557 489 210 1330 933 1192 341 441 435 400 856 1076 64 1379