Dynamics of Duty of Care in Medical Profession A Critical Appraisal of Ethical Breaches in Nigeria

Abstract

From the initiation of medical treatment to full recovery, the foremost duty of medical professionals, along with the entire healthcare team, is to ensure the patient's well-being. Such attentive care and diligent patient assessment are not merely commendable practices but are legally mandated duties, referred to as the duty of care, breach of which incurs corresponding penalties. The practice of medicine in Nigeria has witnessed its fair share of unfortunate incidents. Despite regulatory frameworks and advancements in medicine, Nigerian hospitals and healthcare facilities have become hotspots for persistent breaches of the duty of care. The purpose of this study is to thoroughly assess the Duty of Care in the Nigerian Medical Profession and identify the factors leading to the failure to observe and enforce this duty. This study employs a doctrinal approach, primarily relying on library-based research. Findings reveal that institutional flaws exist, which result in inadequate application of relevant medical legislation, including Nigeria's Code of Medical Ethics. The paper argues that breaches of duty of care in medical negligence have led to misdiagnoses and incorrect treatments, often resulting in complications or death for patients, which is increasingly common in Nigeria. The study recommends that relevant government agencies and mass media should raise awareness among citizens about their rights to seek remedies for injuries resulting from a physician’s breach of duty of care.