Medical Negligence and Patient Safety in Nigeria: What the Law Says in 2026

Medical negligence has worsened in Nigeria’s healthcare system. From misdiagnosis and surgical errors to the unlawful detention of patients over unpaid bills, many Nigerians have suffered preventable harm without knowing their legal rights. Disturbingly, this lack of awareness has contributed to the widespread underreporting of medical negligence in Nigeria for years.

However, in 2026, awareness around patient safety and rights, hospital accountability, and medical malpractice litigation is increasing. Unfortunately, this awareness is a result of the preventable death of renowned author Chimamanda Ngozi Adichie’s son, Nkanu Nnamdi, and the saga with the Euracare hospital. 

The incident has reignited a fierce national debate on patient safety,  professional conduct in healthcare delivery and the legal accountability of healthcare providers among major stakeholders in Nigeria and beyond.

This article explains what medical negligence means under Nigerian law, the laws that regulate it, how victims can prove their claims, and the remedies available. 

If you or a loved one has suffered harm in a hospital or clinic, this guide provides clear, legally grounded answers with no jargon.

Medical Negligence Under the Nigerian Law

Medical negligence occurs when a medical professional fails to exercise the level of care, skill, and diligence expected of a reasonably competent practitioner, resulting in injury or harm to a patient.

For a claim of medical negligence to succeed in Nigeria, the following elements must be established:

• The existence of a duty of care between the medical practitioner and the patient.
• A breach of that duty.
• A causal link between the breach and the injury suffered.
• Actual damage or harm to the patient. 

Note: Not every medical error amounts to negligence. The law recognises that medicine involves judgment calls. However, where conduct falls below acceptable professional standards, liability may arise.

Laws That Govern Medical Negligence in Nigeria

A combination of common law principles, statutory provisions, and constitutional safeguards regulates medical negligence in Nigeria.

1. Common Law

Most medical negligence claims are founded on the tort of negligence. Nigerian courts apply long-established principles requiring proof of duty, breach, causation, and damage.

The standard of care is measured against what a reasonably skilled medical professional would have done in similar circumstances.

2. Medical and Dental Practitioners Act

This Act regulates the conduct of medical practitioners in Nigeria and establishes the Medical and Dental Council of Nigeria (MDCN).

While disciplinary proceedings before the MDCN are separate from civil litigation, findings of professional misconduct may support a negligence claim in court.

3. 1999 Constitution of the Federal Republic of Nigeria

Medical negligence may implicate constitutional rights, including:

• The right to life
• The right to dignity of the human person

Where negligence results in death, inhuman treatment, or degrading conditions, constitutional claims may arise alongside civil actions.

Common Examples of Medical Negligence in Nigeria

Medical negligence can occur in both public and private healthcare facilities. Common examples include:

1. Misdiagnosis or delayed diagnosis.
2. Prescription of incorrect medication or dosage.
3. Surgical errors, including wrong-site surgery.
4. Failure to obtain informed consent.
5. Poor post-operative care.
6. Negligent handling of childbirth.
7. Unlawful detention of patients over unpaid medical bills.

These incidents often lead to physical injury, psychological trauma, financial loss, or death.

How to Prove Medical Negligence in Nigeria

Proving medical negligence requires more than an emotional appeal. Nigerian courts demand credible evidence and expert testimony.

1. Duty of Care

A duty of care is established once a doctor–patient relationship exists. This relationship may arise through consultation, treatment, or admission into a healthcare facility.

2. Breach of Duty

The claimant must show that the medical professional acted below the accepted standard of care. This is usually proven through expert medical evidence.

3. Causation

It must be demonstrated that the injury suffered was a direct result of the practitioner’s breach, not an unrelated medical condition.

4. Damage

The claimant must show actual harm, which may be physical, emotional, or financial.

Failure to prove any of these elements can defeat a claim.

Landmark Principles in Medical Negligence Cases

Nigerian courts frequently draw on principles established in common law jurisdictions to evaluate medical negligence.

A frequently cited standard is that a medical professional is not negligent if they act in accordance with a practice accepted by a responsible body of medical professionals skilled in that field.

However, courts retain the authority to reject practices that are clearly unreasonable or unsafe.

Remedies and Compensation for Medical Negligence in Nigeria

Courts may award various forms of compensation depending on the circumstances of the case.

Types of Damages

• General damages: for pain and suffering.
• Special damages: for medical expenses and financial loss.
• Aggravated or exemplary damages: in extreme cases.

In addition to monetary compensation, practitioners may face disciplinary sanctions from the MDCN, including suspension or deregistration.

What to Do If You Are a Victim of Medical Negligence

If you suspect medical negligence, prompt action is essential.

1. Seek immediate medical attention elsewhere.
2. Obtain and preserve all medical records.
3. Document injuries and expenses.
4. Report the incident to hospital management.
5. File a petition with the MDCN.
6. Consult a qualified legal practitioner.

Early documentation significantly improves the chances of a successful claim.

Frequently Asked Questions (FAQ) on Medical Negligence in 2026

1. Is medical negligence a crime in Nigeria?

Medical negligence is generally a civil matter. However, where gross negligence leads to death, criminal liability may arise.

2. Can You Sue a Hospital or Doctor in Nigeria?

Yes. Victims of medical negligence can sue both individual practitioners and healthcare institutions.

Who Can Be Sued:

1. Doctors
2. Nurses and midwives
3. Pharmacists
4. Public or private hospitals
5. Clinics and medical centres

Note: Hospitals may be held vicariously liable for the negligent acts of their staff. However, medical negligence claims are subject to statutes of limitation. Delays can permanently bar a claim, making early legal advice critical.

3. Can hospitals detain patients for unpaid bills in Nigeria?

Detaining patients over unpaid bills is unlawful and violates constitutional rights.

4. How much compensation will you get for a successful medical negligence claim?

Compensation depends on the severity of harm, financial loss, and evidence presented.

Conclusion

Medical negligence in Nigeria is no longer an issue that patients must endure in silence. The Nigerian author Chimamanda Ngozi Adichie is not silent about her son’s death at Euracare hospital. She knows her rights to justice, and she is demanding. Her outcry has drawn the attention of major stakeholders like Lagos State Government, Medical and Dental Council of Nigeria (MDCN), and former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN), who are increasingly engaging the issue of medical negligence and accountability in the Nigerian health care system.

Understanding your rights is the first step toward justice. Whether through litigation, regulatory complaints, or constitutional action, victims of medical negligence have legal options. As awareness grows, so does the demand for safer, more responsible medical practice across Nigeria.

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If you or a loved one has suffered harm due to medical negligence, you may be entitled to compensation. Medical negligence cases are time-sensitive, and delays can weaken your claim. 

Our legal team has experience handling complex medical negligence and hospital liability claims across Nigeria. We understand the medical, legal, and procedural challenges involved and how to navigate them.

Get legal advice today to understand your rights, assess your case, and take the first step toward justice.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.