Substandard medical care, negligence and the liability that comes with it have been an issue in the Nigerian society in recent times. And while many understand how medical negligence affects them, they do not know what steps they can take when such situation arises.
Medical negligence can be a situation where people are misdiagnosed, or when they are diagnosed properly but given the wrong medication, when they are operated on and foreign objects are left in the body of patient or when they are ignored and not given prompt attention, leading to fatalities and many other unethical practices that affect the health of patients.
When a case of medical negligence comes up, the law may be the next recourse. But who can sue? The person who has been a victim of the medical error can sue but in a situation where the patient has passed away or the patient is a child, then the next of kin of the patient, parent or legal guardian can sue for compensation.
You can sue when medical professionals who owe what is legally known as a duty of care towards their patients breach the dictates of care to their patients and the patient suffers some damage because this gives rise to a potential claim for compensation.
Every case is however different and varying factors are taken into account to determine if a medical expert has breached the duty of care.
The critical factor when suing for compensation is that the victim must have suffered some harm as a result of the act being complained about. And to make a claim, the law provides for a period of three years to make a claim for compensation and this period runs from the date when the person first received the negligent treatment complained of or the date on which it was first discovered that the treatment was negligent.
The amount of compensation awarded will vary from claim to claim. However, there are certain things the court will consider when deciding the amount of compensation; a person’s age, severity of injury, employment status and associated losses caused as a result of the negligent treatment.
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