THE LEGAL RIGHTS OF SURGICAL PATIENTS ON THE DUTIES AND LIABILITIES OF SURGEONS IN NIGERIA
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Date
2017
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University of Ilorin
Abstract
The medical profession is one of the most sensitive careers because it deals with the survival of
human beings. However, the medical experts, while discharging their duties are occasionally
negligent in strict adherence to the established Professional Code of Conduct. In Nigeria, there
exists a myriad of delinquencies in which the medical personnel involved go scot free because
of legally perceived obstacles in enforcing such rights. Therefore, the objectives were to: (i)
examine the adequacy of the legal framework on the liabilities of professional surgeons; (ii)
analyse the legal implications of the breach of duty in the surgical profession; (iii) examine
judicial attitude to the rights of a patient in surgical negligence; and (iv) measure the
performance of surgeons in the discharge of their professional and legal obligations.
The study employed qualitative and quantitative methodology of legal research. For the
qualitative aspect, doctrinal and non-doctrinal methods were used for the analysis. The
doctrinal method placed reliance on both primary and secondary sources of law. The nondoctrinal
involved interviews carried out on stakeholders. Seventy stakeholders (20 surgeons,
30 surgical patients and 20 surgical nurses) were interviewed in University College Hospital,
Ibadan, University of Ilorin Teaching Hospital, Ilorin, National Hospital, Abuja and Abia State
Teaching Hospital, Aba. These hospitals were chosen because of high calibre of surgeons and
the number of surgeries being carried out each day. The quantitative aspect involved a field
work, where copies of questionnaires were distributed to the respondents to ascertain the
degree of negligence and assess the performance of surgeons in the discharge of their
professional and legal obligations. Copies of 870 questionnaires were administered in the four
hospitals, 800 were returned while 580 were found usable. Descriptive statistics tool was used
to analyse the quantitative aspect of this work.
The findings of the study were that:
i. There was no adequate enabling laws to regulate medical practices in Nigeria especially
in relation to surgeons’ negligence;
ii. Medical negligence is the legal consequence of the breach of duty in medical profession,
yet, this requires proof of certain elements which are usually difficult for patients;
iii. The judicial attitude has made access to justice to patients more tasking with stringent
rules thereby leading to numerous cases being dismissed on grounds of technicalities
and victims are left with no remedy whatsoever; and
iv. Surgeons are doing fairly well in the performance of their duties though there are rooms
for improvement as 75.0% of patients revealed that the operation was properly carried
out whereas 25.0% said their operations were not properly carried out. The surgeons
responded that 59.5% of all the surgeries performed by them were successful.
The study concluded that inadequate legal framework on medical practice is inimical to the
protection of patient’s rights pertaining to cases of surgical negligence and performance of the
duties of surgeons. The study therefore recommended that the existing laws be amended in
terms of punishment for surgical negligence and general regulation of medical practice in
Nigeria.
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Keywords
LEGAL RIGHTS, SURGICAL PATIENTS, DUTIES AND LIABILITIES, SURGEONS, NIGERIA