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Medical Negligence and the Nigerian National Health Insurance Scheme: Civil Liability, No-Fault or a Hybrid Model?

Medical Negligence and the Nigerian National Health Insurance Scheme: Civil Liability, No-Fault... IREH IYIOHA ∗ I. INTRODUCTION The claim that it is the law that is positively detrimental to the practice of medicine . . . cannot be accepted. When the rhetoric is stripped away, it is the tort of negligence that provides the bottom line: minimum standard of acceptable professional conduct. In practice, medical negligence is a failure to live up to proper medical standards, and those standards are set, not by lawyers, but by doctors. – M. A. Jones, Medical Negligence1 Medical negligence is a common term, and in many African countries where the medico-legal expression itself may not be in common usage, the outcomes of the expression are a household story. Although there are statistics on the number of medical errors in some Western nations, such as the United Kingdom and the United States, where there have been reports of a ‘malpractice crisis’,2 there are no systematic records of medical casualties in many sub-Saharan African nations. Yet, the crisis of medical negligence is only one of several systemic problems that have besieged the healthcare systems of these nations. The narrative has not been different in Nigeria, where inequitable distribution of health facilities, inflationary cost of healthcare services http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Medical Negligence and the Nigerian National Health Insurance Scheme: Civil Liability, No-Fault or a Hybrid Model?

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2010
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/E0954889009000504
Publisher site
See Article on Publisher Site

Abstract

IREH IYIOHA ∗ I. INTRODUCTION The claim that it is the law that is positively detrimental to the practice of medicine . . . cannot be accepted. When the rhetoric is stripped away, it is the tort of negligence that provides the bottom line: minimum standard of acceptable professional conduct. In practice, medical negligence is a failure to live up to proper medical standards, and those standards are set, not by lawyers, but by doctors. – M. A. Jones, Medical Negligence1 Medical negligence is a common term, and in many African countries where the medico-legal expression itself may not be in common usage, the outcomes of the expression are a household story. Although there are statistics on the number of medical errors in some Western nations, such as the United Kingdom and the United States, where there have been reports of a ‘malpractice crisis’,2 there are no systematic records of medical casualties in many sub-Saharan African nations. Yet, the crisis of medical negligence is only one of several systemic problems that have besieged the healthcare systems of these nations. The narrative has not been different in Nigeria, where inequitable distribution of health facilities, inflationary cost of healthcare services

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Mar 1, 2010

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