DUTY OF CARE: ITS IMPLICATIONS TO THE MEDICAL PROFESSION IN NIGERIA

 

Table Of Contents


  • TABLE OF CASES TABLE OF STATUTE LIST OF ABBREVIATIONSCHAPTER 1 GENERAL INTRODUCTION1.0.0: INTRODUCTION1.1.0: BACKGROUND TO THE STUDY1.2.0: OBJECTIVES OF THE STUDY1.3.0: FOCUS OF THE STUDY1.4.0: SCOPE OF THE STUDY1.5.0: METHODOLOGY 1.6.0: LITERATURE REVIEW1.7.0: DEFINITION OF TERMS1.8.0: CONCLUSIONCHAPTER 2MEDICINE IN PERSPECTIVE2.0.0: INTRODUCTION2.1.0: EVOLUTION OF MEDICINE IN NIGERIA2.2.0: AN OVERVIEW OF THE MEDICAL & DENTALPRACTITIONERS ACT2.3.0: NATURE AND SCOPE OF MEDICAL ETHICS2.4.0: NATURE OF PROFESSIONAL RESPONSIBILITY2.5.0: CONCLUSIONCHAPTER 3NEGLIGENCE AND DUTY OF CARE3.0.0: INTRODUCTION3.1.0:MEANING OF PROFESSIONAL NEGLIGENCE3.2.0: ESSENTIAL ELEMENTS OF THE TORT OF NEGLIGENCE3.3.0: DUTY OF CARE3.4.0: CONSEQUENCES OF BREACH OF DUTY3.5.0: DAMAGES AS A RESULT OF BREACH OF DUTY3.6.0: CRIMINAL LIABILITY IN NEGLIGENCE3.6.1.0: MURDER OR CULPABLE HOMICIDE PUNISHABLE WITH DEATH3.6.1.1: MANSLAUGHTER OR CULPABLE HOMICIDE NOTPUNISHABLE WITH DEATH3.7.0: BURDEN OF PROOF: RES IPSA LOQUITOR3.8.0: VICARIOUS LIABILITY IN NEGLIGENCE3.9.0: CONCLUSIONCHAPTER 4DEFENCES TO BREACH OF DUTY4.0.0: INTRODUCTION4.1.0: CONTRIBUTORY NEGLIGENCE4.1.1.0: REMOTENESS OF DAMAGE4.1.1.2: DEFENCE OF CONSENT4.1.1.3: DEFENCE OF ACCIDENT4.1.1.4: DEFENCE OF EMERGENCY4.2.0: CONCLUSIONCHAPTER 5GENERAL CONCLUSION5.0.0: CONCLUSION5.1.0: RECOMMENDATIONBIBLIOGRAPHYARTICLES ON THE INTERNETBOOKSNEWSPAPER REPORTS

Project Abstract

The Medical field is one of the most referred and reverenced profession in that it deals with the lives of human beings and in the course of their dealings with patients, these patients go through tests, operations, diagnosis to mention but a few.The Medical professionals in the course of discharging their duties are sometimes Negligent as regards adhering strictly to their professional Code of Conduct. For instance where a doctor leaves operating instruments in the abdomen of a patient. In Nigeria there exists a countless catalogue of Negligent cases in which the involved Medical Personnel go scot free because their victims are ignorant of their rights let alone enforcements of such rights.The peculiarities imposed on the practice of Medicine in Nigeria by our Culture and Environment have been examined. The laxity or absence of policing of drugs and food in Nigeria has been highlighted. It is clear from this that some Nigerian laws which relate to many aspects of Medicine are outmoded and inadequate. This particular point is emphasized especially in matters of abortion an mental illness.This Negligent act can be described as the breach of duties, standard, care and diligence required by the Medical Profession. The main focus of this long Essay is to discuss the Legal Implications of the breach of Duty in the Medical Profession. As regards this, solutions would be proferred to curb all acts which might later occur in the nearest future.This work is divided into five chapters, chapter one deals basically with the general introduction. Chapter two gives us an insight into Medicine as a whole, how it evolved in Nigeria and how we received it. Chapter three gives us a proper understanding of the concept, Duty of Care and Medical Negligence, Chapter four avails a Medical Practitioner the opportunity to be free from liability in essence, they have defences they can rely on. Lastly, Chapter five deals with the general conclusion.

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