Duty of Care Its Implications to the Medical Profession in Nigeria

ABSTRACTSince the beginning of the medical profession in Nigeria, there have been standards of medical practice in the relationship between a medical practitioner and his patient. There has always been a responsibility to use care and skill in discharging the medical practitioner's obligation to the patient. This has overtime become a legal duty that is implied in a patient and medical practitioner relationship. This essay offers an overview of the subject of medical negligence within the context of a doctor-patient relationship. It is intended to show what care connotes in medical practice. In other words, under what circumstances can it be said that a medical practitioner owes a patient the duty of care in Nigeria? What is the nature of such duty in the eyes of the law? There is insight into the subject of “duty of care,” its scope, and limitation. Despite this the law recognizes the fact that every medical diagnosis, treatment or surgical procedure entails unforeseeable risks that ought not to compel liability. Against this backdrop, this essay seeks to discuss the scope and limiting factors in a medical practitioner's breach of duty of care and its implication to medical practice in Nigeria. This also raises the question whether accepted medical norms need to be worked out since medical practice with its volatile nature throws up new ways for accessing the medical practitioner’s obligations towards the patient. Finally, there is a consideration of defenses for medical negligence such as accepted standards of professional conducts, contributory negligence, emergency, and the rule of “Volenti non fit Injuria,” and the defence of necessity.