Medical malpractice in nigeria: exploring alternatives to the tort system

Thesis

In Nigeria, obtaining compensation and justice for medical negligence claims is hindered by the current adversarial system, which fails to provide fair and equitable outcomes for patients and healthcare practitioners. The traditional tort-based fault system contributes to systemic inefficiencies in the healthcare sector, obstructing access to justice and discouraging the open disclosure of medical errors. Globally, restorative justice frameworks and no-fault compensation systems have emerged as viable alternatives to address these challenges. Restorative justice and the no-fault system foster a more equitable and transparent medico-legal system by prioritising systemic learning, patient- centred compensation processes, and reconciliation over punitive measures. This thesis critically evaluates and compares the no-fault compensation model utilised in New Zealand, Sweden, Denmark, and the United States, assessing its suitability for Nigeria's legal and medical frameworks. 

Furthermore, the study explores the potential application of restorative justice concepts, emphasising communication, healing, and systemic learning as alternative methods for resolving medical disputes within Nigeria's institutional, cultural, and legal contexts. This thesis also explores Ubuntu, an Indigenous African philosophy that underscores human dignity, communal responsibility, and reconciliation as a guiding principle for developing an appropriate medico-legal dispute resolution system in Nigeria. Methodologically, this study employs policy analysis of current healthcare regulatory frameworks, qualitative case studies of medical negligence issues in Nigeria, and comparative legal analysis of global best practices. Consequently, this thesis proposes an integrated model of Ubuntu, restorative justice, and a no-fault scheme for resolving medical negligence disputes. It elucidates how this interdisciplinary approach can enhance healthcare accountability in Nigeria by balancing professional responsibility, patient safety reforms, and equitable compensation. It presents a roadmap for legislators, legal experts, and healthcare regulators to implement institutional and legislative changes that will transform Nigeria's medico- legal landscape and ensure an equitable, effective, and enduring process for resolving medical negligence cases.

Authors: Adeyemo, MA

• DOI: 10.5287/ora-mjnvzrorn
• Type of award: MLitt
• Level of award: Masters
• Awarding institution: University of Oxford
• Language: English
• Keywords: medical negligence; restorative justice; no-fault compensation; Ubuntu philosophy; Nigerian healthcare law; patient rights; medical injury comepnsation; alternative dispute resolution; healthcare accountability; comparative law
• Subjects: Law