MEDICAL NEGLIGENCE UNDER NIGERIA HEALTH CARE SYSTEM: A CALL FOR STATE OF EMERGENCY
The death of Ifunanya Nwangene who passed away after a snake bite in Abuja, has again exposed systemic failures and heights of medical insecurity, negligence and uncertainties upon which destiny of victims of emergencies are resting. The rising singer allegedly rushed herself to two different hospitals, and unfortunately, none of the two hospitals in the heart of Federal Capital Territory could save the life of a victim of snake bite.
According to the brother, the system failed her, the hospital failed her. The doctors allegedly removed the stuff that was tied around the spot to avoid circulation of the venom. On the contrary, the Authority of Federal Medical Center, Jabi, Abuja denied the allegations and maintained that the late singer was given adequate treatment but eventually succumbed to death.
While the circumstances remain unclear, one thing is certain, Ifunanya passed away under another controversial circumstances that cast doubts on the credibility of medical facilities, health providers and the regrettable medical insecurity upon which the hope of survival of many Nigerians lies.
Unfortunately, Ifunanya is just one of many victims of the medical insecurity in Nigeria. On the 13th of January, 2026, Sahara reporters reported a case of alleged medical negligence which threw a family into mourning after a woman, identified as Aishatu Umar, reportedly died following months of severe pain caused by a pair of scissors allegedly left inside her body during a surgical operation at the Abubakar Imam Urology Center, Kano State.
Just four days after, the Elegant Nurses Forum (ENF) called for an investigation into the death of twin babies following a wrongful injection which was administered during immunisation at Ajangbadi Primary Health Care (PHC) in Lagos State.
The forum in a statement that was published by Sahara Reporters said the incident occurred during immunization at the PHC and that the deaths were linked to a wrongful injection administered at the facility.
In a painful reminder that this crisis spares no one, globally celebrated author Chimamanda Ngozi Adichie recently lost one of her twin sons. While the family has requested privacy, initial reports and her public statement pointed squarely at alleged medical negligence and improper treatment at a private hospital in Lagos. That a family with access to resources could suffer such a fate underscores the pervasive and deep-rooted nature of the problem. Countless other stories never make the headlines, playing out in silent despair in public and private facilities across the country.
As rightly put by Osuagwu, E.M, Medical negligence is the omission to do what a reasonable medical practitioner guided by those considerations which ordinarily regulate medical practice would do, or something which a prudent and reasonable medical practitioner would refrain from doing under similar circumstances and as a result of which some harm befalls the patient.
Medical negligence ranges from different categories and includes wrong diagnosis, failure to take an X-ray when necessary, careless retention of operating instruments inside a patient’s abdomen following surgery, application of wrong treatment, prescription of wrong medication amongst others.
Aa stipulated under the Code of Medical Ethics, instances of medical negligence includes: failure to attend promptly to a patient under emergency when the practitioner was in a position to do so, Failure to advise, or proffering wrong medical advice to a patient on the risk involved in a particular operation or course of treatment, especially if such an operation or course of treatment is likely to result in serious side eftects like deformity or loss of organ, Failure to obtain the consent of the patient before proceeding on any surgical procedure or course of treatment, failure to exercise reasonable care during diagnosis and treatment, wrong prescription, failure to conduct X-ray when necessary, amongst other. This position is complimented by the provisions of other extant laws regulating medical practice in Nigeria such as; Medical and Dental Practitioners Act, the Code of Medical Ethics in Nigeria, the Nursing and Midwifery (Registration, etc.) Act, the National Health Act, Compulsory Treatment and Care for Victims of Gunshot Act.
Similarly, while Section 230 of the Criminal Code mandates health providers to possess reasonable skill and exercise due care, Medical and Dental Council of Nigeria (MDCN), is legally empowered to discipline and impose sanctions on erring practitioners, including striking their names off the register.
The problem, therefore, is not an absence of laws but a catastrophic failure in implementation, regulation, and accountability. In functional health systems, this standard secures patient welfare. In Nigeria, systemic failures, from poor funding to unenforced rules cripple it. Where the government’s neglect degrades the entire system, individual practitioners struggle, often in vain, to uphold the necessary standard of care.
“Nigeria should, as a matter of urgency, declare a state of emergency against all medical facilities in Nigeria and immediate committee be set up to reevaluate the standard of the facilities, its equipments and medical practitioners.”
While it is true that this can not be generalised, particularly because of many medical practitioners who exercise the required standard of care and professionalism, including many who have been advocating against the unprofessional attitudes of their colleagues. Nevertheless, the extent of damages and injuries occasioned by medical negligence in Nigeria calls for a state of emergency
Beyond constant denial of liablities and blame game by hospitals, health providers and victims, all stakeholders, federal government, state governments and medical practitioners’ authorities should, as a matter of urgency and emergency, take decisive actions against this menace in the interest of safety of lives of vulnerable patients whose life and health management is dependent on the medical sector.
Firstly, patients should be given adequate orientation and encouragement to speak out and report all cases of medical negligence to enable authorities to look into the matter and impose sanctions on medical practitioners where necessary. Patients are encouraged to make use of Servicom desks and other reporting channels to voice out any medical experience that is below the standard.
Also, goverment authorities should occasionally call for reports of Servicom within medical facilities so as to review experiences and complaints of victims in a bid to achieve solution.
Additionally, severe and heavy punishment should be imposed on practitioners who are found guilty of medical negligence. Exemplary punishment will serve as deterrent that will prevent or at least minimise future occurrences of the menace.
Nigeria should, as a matter of urgency, declare a state of emergency against all medical facilities in Nigeria and immediate committee be set up to reevaluate the standard of the facilities, its equipments and medical practitioners. Medical facilities that can not afford basic equipment and qualified practitioners should be shut down in the interest of safety of the life of victims whose last hope of survival is dependent on the medical practitioners and facilities.
It is enough that we are losing countless lives to insecurity, and we can not afford to continue losing lives to medical insecurity.
medical negligence is not to be handled with levity, being that it directly affects the right to life, which is a constitutional right of every citizen. Therefore, patients who submit themselves to the care and professionalism of a medical practitioner should at least be guaranteed high standard of care and not be exposed to avoidable predicaments that may jeopardise their health or send them to an untimely grave.
On a final note, equity does not suffer a wrong without remedy. It is high time we started taking legal actions against medical facilities and practitioners whose conduct occasion loss of life or irreparable damage. Imposition of severe sanctions and award of huge damages by Court of law, will serve as deterrent to many medical practitioners whose conduct falls below globally required minimum standard of care.
Authored by:
Sunday Adebayo Esq. Legal Practitioner & Associate Partner at Law Corridor.
Member, Litigation, Election Petition and Dispute Resolution (LED) Practice Group
And
Musah Farida Esq., Legal Practitioner & Associate at Law Corridor
Member, Litigation, Election Petition and Dispute Resolution (LED) Practice Group