DUTY CARE : ITS IMPLICATION TO THE MEDICAL PROFESSIONAL IN NIGERIA

ABSTRACT

The Medical field is one of the most referred and reverenced profession in that it deals with the lives of human beings and in the course of their dealings with patients, these patients go through tests, operations, diagnosis to mention but a few. The Medical professionals in the course of discharging their duties are sometimes Negligent as regards adhering strictly to their professional Code of Conduct. For instance where a doctor leaves operating instruments in the abdomen of a patient. In Nigeria there exists a countless catalogue of Negligent cases in which the involved Medical Personnel go scot free because their victims are ignorant of their rights let alone enforcements of such rights. The peculiarities imposed on the practice of Medicine in Nigeria by our Culture and Environment have been examined. The laxity or absence of policing of drugs and food in Nigeria has been highlighted. It is clear from this that some Nigerian laws which relate to many aspects of Medicine are outmoded and inadequate. This particular point is emphasized especially in matters of abortion an mental illness. This Negligent act can be described as the breach of duties, standard, care and diligence required by the Medical Profession. The main focus of this long Essay is to discuss the Legal Implications of the breach of Duty in the Medical Profession. As regards this, solutions would be proferred to curb all acts which might later occur in the nearest future. This work is divided into five chapters, chapter one deals basically with the general introduction. Chapter two gives us an insight into Medicine as a whole, how it evolved in Nigeria and how we received it. Chapter three gives us a proper understanding of the concept, Duty of Care and Medical Negligence, Chapter four avails a Medical Practitioner the opportunity to be free from liability in essence, they have defences they can rely on. Lastly, Chapter five deals with the general conclusion.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTE

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF THE STUDY

1.3.0: FOCUS OF THE STUDY

1.4.0: SCOPE OF THE STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: DEFINITION OF TERMS

1.8.0: CONCLUSION

CHAPTER 2

MEDICINE IN PERSPECTIVE

2.0.0: INTRODUCTION

2.1.0: EVOLUTION OF MEDICINE IN NIGERIA

2.2.0: AN OVERVIEW OF THE MEDICAL & DENTAL PRACTITIONERS ACT

2.3.0: NATURE AND SCOPE OF MEDICAL ETHICS

2.4.0: NATURE OF PROFESSIONAL RESPONSIBILITY

2.5.0: CONCLUSION

CHAPTER 3

NEGLIGENCE AND DUTY OF CARE

3.0.0: INTRODUCTION

3.1.0:MEANING OF PROFESSIONAL NEGLIGENCE

3.2.0: ESSENTIAL ELEMENTS OF THE TORT OF NEGLIGENCE

3.3.0: DUTY OF CARE

3.4.0: CONSEQUENCES OF BREACH OF DUTY

3.5.0: DAMAGES AS A RESULT OF BREACH OF DUTY

3.6.0: CRIMINAL LIABILITY IN NEGLIGENCE

3.6.1.0: MURDER OR CULPABLE HOMICIDE PUNISHABLE WITH DEATH

3.6.1.1: MANSLAUGHTER OR CULPABLE HOMICIDE NOT PUNISHABLE WITH  DEATH

3.7.0: BURDEN OF PROOF: RES IPSA LIQUITOR

3.8.0: VICARIOUS LIABILITY IN NEGLIGENCE

3.9.0: CONCLUSION

CHAPTER 4

DEFENCES TO BREACH OF DUTY

4.0.0: INTRODUCTION

4.1.0: CONTRIBUTORY NEGLIGENCE

4.1.1.0: REMOTENESS OF DAMAGE

4.1.1.2: DEFENCE OF CONSENT

4.1.1.3: DEFENCE OF ACCIDENT

4.1.1.4: DEFENCE  OF EMERGENCY

4.2.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

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