Proof of Medical Negligence in Nigeria: Legal and Procedural Considerations

Abstract

Medical negligence litigation in Nigeria remains fraught with significant legal and procedural challenges, often leaving victims of malpractice without adequate redress. Despite a growing number of claims, successful prosecution remains limited due to evidentiary and procedural constraints. This study aims to critically examine the procedural steps involved in proving medical negligence in Nigeria, with a view to identifying gaps and proposing practical reforms. The research adopts a doctrinal methodology, relying on the analysis of statutes, case law, and relevant legal literature to explore the stages of litigation in medical negligence claims. The study finds that establishing a duty of care, proving breach, demonstrating causation, and securing expert medical opinion are core hurdles for claimants. Procedural complexities in evidence gathering, initiating legal action, and responding to defenses further complicate access to justice. Judicial discretion and difficulties in enforcement also limit the efficacy of litigation outcomes. The paper concludes that while legal principles guiding medical negligence claims are well-established, procedural bottlenecks persist. It recommends improved judicial training, clearer procedural guidelines, and institutional reforms to facilitate access to expert evidence and streamline litigation. These measures are essential to strengthening the adjudication process and promoting justice for victims of medical malpractice in Nigeria.