A CRITICAL APPRAISAL OF THE LIABILITY OF HOSPITAL UNDER THE NIGERIAN LAW OF TORTS

Abstract

This paper critically examined the liability of hospitals under the Nigerian law of torts, focusing on the principles governing negligence, duty of care, and vicarious liability. The paper adopted the doctrinal method of research. The paper identified significant challenges, including evidentiary difficulties in proving negligence and weak institutions. Comparative insights from jurisdictions such as the United Kingdom and Canada revealed that challenges in effective hospital management systems and compensation mechanisms for victims of medical negligence. The paper concluded that while the Nigerian tort framework provided a basis for hospital liability, its practical enforcement remained weak and inconsistent. It recommended the establishment of specialized medical negligence tribunals.