MEDICAL NEGLIGENCE IN ROAD TRAFFIC ACCIDENTS: EVALUATING NIGERIA’S LEGAL FRAMEWORK

Abstract

Road Traffic Accidents represent one of the prominent causes of death and disability in Nigeria.
Victims often suffer further injuries as a direct result of negligent medical practices. These can
encompass a multitude of subcategories including, but not confined to, the failure to secure a
diagnosis, delay in surgical intervention, post- operative infections and abandonment. There are
significant gaps within the Nigerian legislative framework concerning the intersection of injuries
arising as a result of Road Traffic Accident and the subsequent negligent medical practices. This
paper evaluates Nigeria’s existing legal framework comprising the Constitution, the National
Health Act 2014, the Criminal Code and the Tort of Negligence. The study adopts a doctrinal legal
research approach. This encompasses an analysis of various statutes, case laws and secondary
literature. A comparative study of United Kingdom National Health Services redress mechanisms
and South African National Health Act has been included. The study has identified five major gaps:
No statutory definition of medical negligence with regards to emergency trauma care, unnecessary
reliance on the common law tort of negligence with the insurmountable evidentiary burden, no
assessment of the legal framework with respect to practice, overreliance on surgical intervention
and no statutory limitations on the timeframe for which a standard of care is to be maintained after
an emergency situation has subsided. The current system in Nigeria is fragmented and unfriendly
to victims. The paper recommends the enactment of a Medical Negligence (RTA Victims) Redress
Act establishing an administrative compensation scheme.