Principles of Medical Negligence: An Overview of the Legal Standard of Care for Medical Practitioners in Civil Cases

Miyetti Quarterly Law Review Volume 4 Issue 4 December 2019 pp. 41-63

24 Pages Posted: 12 Dec 2020

See all articles by Michael Aondona Chiangi

Michael Aondona Chiangi

Talking About Terrorism; Bayero University

Date Written: November 17, 2019

Abstract

Medical negligence can result in dire consequences or even death of the victims in extreme cases. Despite the proliferation of literatures on this subject, the level of awareness still remains inadequate especially in Nigeria and has stalled the development of this area of law. In determining whether a medical practitioner’s conduct amounts to negligence, the courts have in the past relied on what is called the Bolam test. However, the UK Supreme Court recently appeared to have modified Bolam in the case of Montgomery v Lanarkshire Health Board, by introducing a general duty on doctors to disclose risk(s) inherent in any treatment. Rather than being a matter for clinical judgement to be assessed by professional opinion, a patient is entitled to know whatever risks he assumes in order to give an informed consent to the treatment. The modification of Bolam became necessary because it was said to constitute a barrier to innovative medical practice. This article examines the legal principles of medical negligence in Nigeria and examines whether Bolam is still a good law after Montgomery.

Keywords: negligence, medical practitioner, doctor, treatment

JEL Classification: I, K

Suggested Citation

Chiangi, Michael Aondona, Principles of Medical Negligence: An Overview of the Legal Standard of Care for Medical Practitioners in Civil Cases (November 17, 2019). Miyetti Quarterly Law Review Volume 4 Issue 4 December 2019 pp. 41-63, Available at SSRN: https://ssrn.com/abstract=3713684 or http://dx.doi.org/10.2139/ssrn.3713684

Michael Aondona Chiangi (Contact Author)

Talking About Terrorism ( email )

Washington DC
Washington, DC 2001
United States
+2347033054587 (Phone)

HOME PAGE: http://https://www.talkingaboutterrorism.com/

Bayero University ( email )

Bayero University, Kano - Nigeria
P.M.B.3011
Kano, Kano State, Nigeria 234
Nigeria
+2347033054587 (Phone)

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