By Samuel Fagade
Sir: On January 7, 2026, celebrated Nigerian writer, Chimamanda Ngozi Adichie, and her family suffered an unimaginable loss—the death of their 21-month-old son, Nkanu Nnamdi Esege, following medical procedures at a private hospital in Lagos. The family has formally alleged medical negligence, sparking national conversation on patient safety and legal accountability in Nigeria. The Lagos State Government has ordered an independent investigation into the circumstances surrounding the death.
Legal framework for medical negligence in Nigeria
A. Tort of Medical Negligence
The 1999 Constitution of the Federal Republic of Nigeria (as amended) in Section 33 makes abundant provisions for Right to Life of every citizen of Nigeria. Section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the right to the dignity of the human person. The focus of this article is to unbundle the concept of medical negligence under the Nigerian Law of Tort, with a view to highlighting the rights and remedies available to the victims of this menace.
Under Nigerian common law, medical negligence is a form of professional negligence actionable in tort. Medical negligence is the omission to do what a reasonable medical practitioner guided by those considerations which ordinarily regulate medical practice would do, or doing something which a prudent and reasonable medical practitioner would refrain from doing under similar circumstances and as a result of which some harm befalls the patient. A claimant must prove:
Duty of care – A doctor–patient or hospital–patient relationship giving rise to a duty to take reasonable care – that the doctor owes a duty of care to the patient.
Breach of duty – The conduct fell below the standard expected of a reasonably competent medical professional.
Causation – The breach directly caused the injury or death. Examples include but not limited to: retention of objects in the operation sites, failure to attend and/or give prompt attention, incompetent assessment of a patient, incorrect diagnosis, mistake in treatment/therapeutic hazards, inter alia.
Damage – Actual harm occurred (in this case, death).
These foundational principles govern claims for compensation where medical conduct deviates from accepted standards.
Rights of Patients in the Context of Medical Treatment
Right to quality and safe care: Patients (including children) are entitled to medical care that meets established standards of practice – Section 20 &21 National Health Act 2014.
Right to information & informed consent: Patients (or guardians) must be informed of the nature of procedures, risks, and alternatives before consenting – Section 23 National Health Act 2014.
Right to dignity and respect: Medical care must be delivered without prejudice, with attention to the wellbeing and dignity of the patient, especially a child.
Right to seek redress: When rights are allegedly violated, the law provides avenues for civil claims, administrative complaint mechanisms, and professional discipline – Section 30 National Health Act 2014.
Remedies available: The law of tort offers several primary and complementary remedies:
A. Civil remedies — Damages
If the claimant (the parents) successfully proves negligence, compensation may be awarded for: General damages (for loss of life, grief and emotional suffering). Special damages (for financial costs incurred, funeral expenses, and loss of future care). Aggravated or Exemplary damages, where conduct is shown to be grossly negligent or reckless.
Healthcare Facility Monitoring Bodies (such as the Lagos Health Facility Monitoring and Accreditation Agency) can investigate and potentially sanction the facility.
Medical and Dental Council of Nigeria (MDCN) may probe the conduct of the anaesthesiologist and other staff, including possible suspension or revocation of licence. The Lagos government’s probe reflects public regulatory interest in ensuring compliance with health standards.
D. Criminal remedies
Where conduct amounts to gross negligence causing death, criminal charges (e.g., involuntary manslaughter or professional misconduct under relevant criminal and regulatory statutes) may be contemplated.
6. Conclusion
At the heart of all legal mechanisms is the affirmation that every patient deserves competent, respectful, and safe medical care—a principle that must guide both clinical practice and legal enforcement alike.
Samuel Fagade Esq MCIArb (UK), Senior Associate & Team Lead at ALPHA&ROHI, wrote from
Abuja.
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