Legal Appraisal of Patients’ Rights to Non-Disclosure of Medical Errors in Nigeria

Abstract

Humans are not infallible thus they are prone to making certain mistakes in their daily lives. Medical personnel are
humans and thus are not excused from having weaknesses and their imperfections. Medical errors are bound to
occur while carrying out their professional services on their patients. However, the most important thing is what
comes after these errors have occurred. Non-disclosure of Medical Errors is against the patients’ rights as a person,
and equally threatens the public trust in medicine as it involves deception. The study's objectives are to legally
appraise the rights of the patient as regards non-disclosure of medical errors and also show that non-disclosure of
medical errors to the patients and/or their family is a violation of human right and has no justifications. The study
also evaluates the situation in Nigeria and what is obtainable in foreign countries with respect to non-disclosure of
medical errors. The study finds that medical errors are prevalent in Nigeria; it also finds that patients in Nigeria no
longer have confidence in their health officers, and the NMA is yet to speed up efforts to stem the ugly tide of
medical errors.