Medical Negligence and Patients’ Rights in Nigeria: Towards Strengthening Accountability in the Healthcare System

Abstract

Medical negligence is not just about mistakes made by doctors or other health workers. It is also about the right of patients to receive safe treatment, clear information, respectful care, proper explanation when something goes wrong, and fair compensation when avoidable harm occurs. In Nigeria, several laws and professional rules protect these rights. They include the National Health Act 2014, the Patients’ Bill of Rights, consumer protection laws, professional codes of conduct and the general law of negligence. However, having these laws does not always mean that patients receive proper protection or that health workers and institutions are held responsible when mistakes occur. This article examines medical negligence, patients’ rights and accountability in the Nigerian healthcare system. It uses legal analysis and a structured review of previous studies. Twenty-two Nigerian studies published between 2020 and 2024 were examined to identify common problems in healthcare practice. More recent legal studies published in 2025 were also considered to determine whether these problems are still present. The review identified five major problems. These are poor knowledge of patients’ rights and informed consent, failure to report medical errors, fear of blame among health workers, pressure caused by staff shortages and heavy workloads, and difficulties faced by patients when trying to prove negligence or obtain compensation. Available Nigerian studies show that patients may have legal rights but may not clearly understand treatment risks, complaint procedures or the Patients’ Bill of Rights. Health workers may also fail to report mistakes because they fear punishment, lack clear reporting procedures or work under difficult conditions. Patients who take legal action may face other problems such as high legal costs, long court processes, difficulty obtaining medical records and the need for expert evidence. The article therefore proposes a practical accountability model that brings together patients’ rights, honest disclosure of medical errors, safe reporting systems, responsibility of healthcare institutions, accessible complaint procedures, fair professional discipline and measures that prevent similar mistakes from happening again. Accountability in healthcare should not end with punishment. It should involve preventing avoidable harm, explaining what happened when mistakes occur, investigating the cause, providing a fair remedy to affected patients and using the lessons from each case to improve patient safety.