chapter One

1.1 Introduction

The American Heritage Dictionary defines negligence as “making or omitting a reasonable consideration or action.”

In Lochgelly Iron and Coal Co. v. Mc Mullan1 Sir Wright said: damages suffered by the debtor

Education finds its place in the medical profession because it requires a higher degree of care than any other profession because life and health are at stake.

Medical negligence means the failure of a medical professional to provide an acceptable standard of care practiced by professionals in similar professions.2


(1934) A.C. citation p.24
Ukoe J. “Human Rights Law, Right to Health in Africa. Aspects of Tort Liability and Medical Negligence” (2007) Livinggo Pub. on page 85
1.2 Problem Description

Victims of medical negligence in Nigeria do not have a favorable environment to exercise their rights. Factors that inhibit an effective environment include:

Not Codifying Medical Negligence The law allows only medical professional associations to set standards of acceptable treatment and to determine when such standards are violated or violated.3
The issue of confidentiality and access to medical records, confidentiality and access to medical records, confidentiality is an ethnic duty imposed on medical professionals. Because of this, medical personnel can hide under the guise of confidentiality, making it difficult to prove the death of a victim of medical negligence.
3. Uko E.J. Ibid., p.90

4. Prof. Giwa Osagi Commonwealth and Overview of Medical Acts and Assisted Conception Contracts under the United States. (2006) Maiyati Chambers Pub. p.22

attitude of the court. Vancouver General Hospital V. Mc Daniel5. Courts have proven reluctant to associate negligence with the actions of physicians.
Ignorance and Ignorance of Victim Rights
Legal Costs, Length of Proceedings, and General Attitude of Courts
people’s customs.

1.3 Legal issues

Lack of codification of medical negligence is a legal issue in this study. The law allows only medical professional associations to set standards of acceptable treatment and determine when such standards have been violated. This means that the concept of prejudice in cases of medical negligence cannot be far from the decisions of the Commission.

5. (1935) 152 LTR 56

From this, we can conclude that medical negligence lacks a precise definition and is based solely on “what his colleagues say…”, as Professor Giwa Osaghi put it. 1.4 Research justification and justification

The need to create an environment in which victims of medical negligence can seek redress cannot be overemphasized.

The work also shows how victims’ rights can be exercised and what action can be taken against negligent medical staff.

This work, demonstrating the responsibilities and obligations of medical staff to patients, promotes a higher level of patient care.

This work also partially fulfills the requirements to obtain an L.L.B. Faculty of Law, Uyo University.

1.5 Literature Berschitt 6. Poppy A.O. & Adoh E.O. (ed.) “Current legal developments in Nigeria:
Essay in memory of Professor J.O.Ojo” (2007) Obafemi Awolowo University Press Nigeria. p.312

Jhon Ademola Yakubu, in his article, “Legal Implications of Requesting Vasectomy Sterilization,” states, “Medical negligence is a situation in which a physician is said to have fallen short of the required standards for his act or omission. ” shows the opinion. was not performed by a reasonable person in the capacity of a physician.6

Bolam V Frien Hospital Commission stated that the true test of discovering a physician’s negligence in diagnosis or treatment is whether he or she has committed such negligence as a physician of ordinary competence could not be guilty of. 7. usual care.

Giwa Yangtze thinks: he was really wrong about it. he shouldn’t have”8

In Hunter v Hanley9 Lord Clyde argued that if a physician deviates from common and accepted practice, and if such deviation causes injury, the physician may be held liable for negligence. , such deviations are not necessarily evidence of negligence that would invalidate incentives to advance medicine.

Hewart C.J. in R. V Bateman10 summarizes the Medical Professional Liability Act for negligence.

“If a person claims to have special skills and knowledge, and is consulted to have such skills… , skills, and coordination.” If he does not, he is guilty of negligence. ”

7. (1957) 2 all ER 118

8. Prof. Osasgie Giwa, Ibid., p.22

9. (1953) SCD. 200

10. (1925) 12WACA56

R.V. Ezeocha states that anyone who attempts to practice medicine without a license will be judged by the same body as a licensed physician.

1.6 Data collection / methodology

Researchers plan to use both primary and secondary sources for data collection. main source of information;

Interviews, questionnaires, site visits

Secondary sources:

Library and Internet research methods are used

1.7 Research scope and limitations

The extent of this problem is the negligence of the medical professional. Therefore, the Medical Center, Ubongabashi Hospital, and Uyo University Health Center shall be used as case studies.


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