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Assessment of the Gaps Between Legal Provisions, Knowledge, and Implementation of Medical Negligence Laws in Nigeria
Medical negligence is a breach of the duty of care by healthcare providers causing patient harm. It constitutes a significant but under-explored issue in Nigeria. This research examines the gaps between the laws on medical negligence, public and professional awareness of these laws, and their practical enforcement. The study aims to assess how well existing legal provisions protect patients and hold practitioners accountable, and to identify why most victims often fail to obtain redress. Both doctrinal and non‑doctrinal methodology is adopted, combining analysis of statutes and case law with qualitative data. The paper reviews empirical literature on Nigeria, outlines key theoretical foundations of negligence and surveys relevant legislation and case law. Findings suggest that although Nigeria’s tort law theoretically governs medical negligence, there are critical gaps in awareness and enforcement. For example, many patients are unaware of their rights and how to sue, and doctors often lack indemnity cover or medicolegal training. Socio-cultural factors (fatalism, trust, cost) and systemic barriers (fragmented laws, evidentiary hurdles) further limit litigation. The paper concludes with recommendations to bridge these gaps: raising legal and rights awareness, enhancing medicolegal education, mandating professional indemnity insurance, and reforming procedural laws (evidence rules) to facilitate claims.