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EXAMINING THE LEGAL RIGHTS OF SURGICAL PATIENTS REGARDING THE DUTIES AND LIABILITIES OF SURGEONS IN NIGERIA
ABSTRACT
The medical profession holds immense importance as it directly impacts human life and well-being. However, medical experts sometimes fail to adhere strictly to the established Professional Code of Conduct while carrying out their duties. In Nigeria, various instances of professional misconduct go unpunished due to perceived legal obstacles that hinder the enforcement of patients’ rights. Therefore, this study aimed to: (i) assess the adequacy of the legal framework concerning the liabilities of professional surgeons; (ii) analyze the legal implications of breaching professional duties within the surgical profession; (iii) examine the judicial approach towards the rights of patients in cases of surgical negligence; and (iv) evaluate the performance of surgeons in fulfilling their professional and legal obligations.
The research employed a combination of qualitative and quantitative methodologies in the field of legal research. For the qualitative aspect, both doctrinal and non-doctrinal methods were utilized for analysis. The doctrinal approach relied on primary and secondary sources of law, while the non-doctrinal approach involved interviews conducted with relevant stakeholders. A total of seventy stakeholders, including twenty surgeons, thirty surgical patients, and twenty surgical nurses, were interviewed at University College Hospital in Ibadan, University of Ilorin Teaching Hospital in Ilorin, National Hospital in Abuja, and Abia State Teaching Hospital in Aba. These hospitals were selected based on the high caliber of surgeons and the volume of surgeries performed daily.
The quantitative aspect of the study involved fieldwork, where questionnaires were distributed to respondents to assess the degree of negligence and evaluate the performance of surgeons in fulfilling their professional and legal obligations. Out of the 870 questionnaires administered in the four hospitals, 800 were returned, and 580 were deemed usable. Descriptive statistical analysis was employed to analyze the quantitative data.
The findings of the study indicated the following: (i) Inadequate enabling laws exist to regulate medical practices in Nigeria, particularly regarding surgeons’ negligence; (ii) Medical negligence represents the legal consequence of breaching professional duties, but proving specific elements required for legal action is often challenging for patients; (iii) The judicial attitude has made it more difficult for patients to access justice, as stringent rules often lead to the dismissal of numerous cases based on technicalities, leaving victims without any remedy; and (iv) Surgeons generally perform well in carrying out their duties, with 75.0% of patients reporting that their operations were properly conducted, while 25.0% expressed concerns about the quality of their operations. The surgeons themselves reported a success rate of 59.5% for all surgeries performed.
In conclusion, the study highlights the adverse effects of an inadequate legal framework on medical practice, compromising the protection of patients’ rights in cases of surgical negligence, and the fulfillment of surgeons’ duties. As a result, it is recommended that existing laws be amended to establish appropriate punishments for surgical negligence and enhance the overall regulation of medical practice in Nigeria
EXAMINING THE LEGAL RIGHTS OF SURGICAL PATIENTS REGARDING THE DUTIES AND LIABILITIES OF SURGEONS IN NIGERIA
