An X-Ray of Medical Negligence error and Malpractice in the Context of the Right to Non- Discrimination in Nigeria

Abstract

The Nigerian medical system on which a large percentage of Nigerians depend for healthcare is
bedeviled with numerous challenges which cause systemic dysfunction and inefficiencies for safe
quality healthcare delivery. This problem worsens with the incidents of medical negligence, error
and malpractice which are caused by medical practitioners on the one hand and government on
the other, through institutional weaknesses with the consequences for patients amounting to the
violation of the right to the prohibition against discrimination. As regards Nigerian medical
professionals, the occurrence of harm to patients is prohibited under a medical rights enforcement
mechanism. However, in the face of the continuing occurrence of these events, the objective of this
study is to determine whether patients have fundamental rights and whether harm to patients
through medical negligence, error and malpractice was in violation of their fundamental right to
prohibition against discrimination. Pursuant to this, the doctrinal research method was employed
to undertake the evaluation through reliance on available Library literature, Journal publications
and Internet sources. It was found that the harmful consequences due to medical negligence, error
and malpractice are in violation of the fundamental right to prohibition against discrimination in
Nigeria. Furthermore, it was found that although there is the problem of the significant violation
of the fundamental right to prohibition of discrimination against patients in medical practice in
Nigeria, fundamental rights has not been enforced to prevent this from happening or provide
remedy upon occurrence. The identification of this problem, the opportunity for the use of
fundamental rights enforcement procedure as a basis for medical malpractice claim. Accordingly,
it was recommended that the fundamental right to prohibition of discrimination against patients
be enforced in medical practice in Nigeria through the instrumentality of the fundamental rights
enforcement procedure.