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Medical malpractice law in Enugu, Nigeria, pertains to instances where a healthcare professional fails to meet the expected standard of care, resulting in harm to the patient. It includes negligence, wrongful execution of surgical procedures, incorrect or late diagnosis, and wrongful prescription of medication among other acts of misconduct. When it comes to medical malpractice, the Nigerian law holds physicians and other healthcare practitioners accountable for harm caused due to negligent actions.
Engaging a lawyer's services is essential in medical malpractice situations, as these cases often involve complex technical and legal issues. A lawyer can help ascertain whether you have a viable case, help you understand your rights, gather evidence, interview experts, and handle negotiations. They can also represent you in court if the case progresses to trial. Given the often heavy emotional and financial toll of medical malpractice, having an experienced advocate on your side can be critical.
Under Nigerian law, a doctor owes a duty of care to their patient and a breach of this duty leads to negligence. In terms of proving negligence, the Bolam Test, Bolitho Addendum, and Montgomery Ruling are particularly relevant. Moreover, medical malpractice claims must generally be made within three years of the incident or, in the case of concealed instances of negligence, from the time the plaintiff becomes aware of the possible negligence. It should be noted that Nigerian courts assess each case on its merit, and damages are awarded according to the severity of the injury.
Medical malpractice can include instances of incorrect diagnosis, surgical errors, improper treatment, and failure to warn a patient about potential side effects or risks.
Generally, medical malpractice lawsuits should be filed within three years from the event of the negligent act or the discovery of negligence.
Proving medical negligence typically involves showing that the healthcare provider had a duty of care, they breached this duty, and this breach directly caused harm to you.
Yes, healthcare institutions can be held liable for the negligence of their employees, including physicians and other healthcare providers.
Damages can include compensation for medical costs, loss of earnings, pain and suffering, and, in extreme cases, punitive damages.
The Nigerian Medical Association (NMA), the Nigerian Health Care Project, and the National Health Insurance Scheme (NHIS) provide resources and information for victims of medical malpractice. The Nigerian Law School and the Nigerian Bar Association also offer free legal advice clinics which can assist you in assessing the merits of your case.
If you believe you have been a victim of medical malpractice, the first step is to seek qualified legal advice. This will involve setting up a consultation with a lawyer, gathering all relevant medical documents, and preparing to discuss the details surrounding your case. Your legal representative will guide you on how to proceed with your claim for compensation.
