Research Article

WHEN HEALING TURNS HARMFUL: EXPLORING MEDICAL NEGLIGENCE AND THE RISE OF LITIGATION

1 Department of Private and Business Law, College of Law, Afe Babalola University, Ado-Ekiti, Nigeria,
2 Afe Babalola University, Ado-Ekiti, Nigeria
3 Department of Private and Business Law, Afe Babalola University, Ado-Ekiti, Ekiti State, Nigeria.
* Corresponding author: ifeoluwayimikab@abuad.edu.ng
Published: Sep, 2025
Pages: 219–241

Abstract

This paper critically examines medical negligence in Nigeria’s healthcare system and the resulting rise in legal actions. It explores how failures in professional medical practice can transform healthcare from a healing process into one that causes harm and triggers legal liability. The objectives are to analyze the legal framework on medical negligence, review recent judicial decisions and disciplinary actions, and propose reforms that balance patient rights with practical realities of medical practice. Using a doctrinal research method, the study considers key laws such as the Criminal Code, the Medical and Dental Practitioners Act, and the National Health Act, alongside relevant case law and literature. Findings reveal increasing litigation driven by growing patient awareness, regulatory gaps, and technological advances that expose errors. Enforcement remains inconsistent, and outdated precedents overshadow recent rulings. The paper recommends updating legal provisions, improving judicial and professional education, and drawing on core texts and comparative approaches to strengthen outcomes
How to Cite

Bamidele, I., Esq, B. A., & Eniola, Y. M. (2025). WHEN HEALING TURNS HARMFUL: EXPLORING MEDICAL NEGLIGENCE AND THE RISE OF LITIGATION. ABU Law Journal, 43(2), 219–241.

I. Bamidele, B. A. Esq, and Y. M. Eniola, "WHEN HEALING TURNS HARMFUL: EXPLORING MEDICAL NEGLIGENCE AND THE RISE OF LITIGATION," ABU Law Journal, vol. 43, no. 2, pp. 219–241, September 2025.

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