DEFENSES AVAILABLE TO MEDICAL PRACTITIONERS AND HOSPITALS IN CASES OF MEDICAL NEGLIGENCE.
By: Ifunanya Anyene
In Nigeria, medical negligence cases are not uncommon. Medical practitioners and hospitals face the risk of being sued for medical malpractice, which can lead to heavy financial penalties and damage to their reputations. However, there are several defenses available to medical practitioners and hospitals in such cases.
One of the most common defenses is that of contributory negligence. This defense argues that the patient’s own negligence or actions contributed to their injury or condition. For example, if a patient fails to disclose important medical information to their doctor, and this leads to a misdiagnosis or improper treatment, the doctor may be able to argue that the patient’s own negligence contributed to the outcome.
Another defense available to medical practitioners and hospitals is that of causation. This defense argues that the injury or condition suffered by the patient was not caused by the medical treatment provided, but rather by some other factor. For example, if a patient develops an infection after surgery, the doctor may be able to argue that the infection was caused by factors outside of their control, such as the patient’s own immune system or exposure to bacteria in the environment.
A third defense available to medical practitioners and hospitals is that of informed consent. This defense argues that the patient was fully informed of the risks and potential complications associated with the medical treatment provided and that they gave their informed consent to undergo the treatment despite these risks.
It is important for medical practitioners and hospitals to be aware of these defenses, as well as to take steps to minimize the risk of medical negligence claims. This may include implementing proper protocols and procedures, providing adequate training to staff, and maintaining accurate and thorough medical records. By doing so, medical practitioners and hospitals can help protect themselves from the financial and reputational damage that can result from medical negligence claims.