An inquiry into the Nigerian healthcare system: the role of judiciary in guaranteeing medico-legal rights of the health users

Abstract

The inadequacy of the healthcare sector in Nigeria has resulted in doctors and allied medical professionals involving themselves in breach of health users’ medical rights due dearth of medical personnel and a lack of a conducive working environment. Even though the Constitution and the National Health Act provided for health rights and the right to seek redress in court if a health user's right is breached, most health users are not of their health rights. The judiciary's role remains unrivaled as the constitutional organ of the government that interprets the laws, settles disputes, and ensures that justice is served within the nation. The judiciary should uphold the rule of law in its dispensation of justice. A citizen whose right is violated has the right to seek redress in court. Unfortunately, technicalities like the pleading of res ipsa loquitor, and testimony of expert witnesses have been a clog in the wheel of justice in medical malpractice claims thereby discouraging litigants. This research considered the poor state of the Nigerian healthcare system, which may result in a breach of health users' medico-legal rights. Where there is injury, the court should step in to restore the users' rights, but technicalities should be downplayed in the medical negligence matter. It was found that most health users are ignorant of their medical rights. Hence, when their rights are violated due to the technicalities especially proof of res ipsa loquitor and expert witness giving evidence and the fund to invite the witness discourages the victims of medical negligence in prosecuting medical negligence matters in court. Therefore, it is recommended that health users' rights advocacy be embarked upon by Ngo’s and Civil Society Organizations and the doctrine of res ipsa loquitor be made strict liability for medical negligence. The expert witness testimony be discountenanced and special rules of the court be applied to medical negligence matters so as to not sacrifice justice at the altar of technicalities