ADMINISTRATIVE AND LEGAL PROTECTION OF MEDICAL PERSONNEL AGAINST CRIMINAL AND TORTIOUS NEGLIGENCE

Ademola A.Taiwo, Adekunbi Imosemi, Nzeribe Abangwu

Available online Dec 18, 2019.

[ Original ] Volume 28, Issue 3, 2019, Pages 253-260


Abstract

BACKGROUND: Medical personnel are bound toexperience some difficulties in the course of duty and they

 

 

 

may end up criminally or civilly liable in the performance of these responsibilities. Across the globe, many

 

medical employees have lost their license to practice their profession after facing disciplinary committees for

 

breach of duties. Some have been sued by patients for negligent treatment. Administratively, the hospital

 

management boards have protected their staff against liabilities by being sued instead of the staff, paying

 

some patients off or write off their hospital bills to compensate them for the liabilities of their medical

 

personnel. Legally, medical personnel are also shielded from medical liabilities as long as they observe a high

 

level of care and skills in the course of duty, otherwise, the law will remove the veil of protection and charge

 

them as liable.

METHODOLOGY: In order to achieve the objectives of this research, the doctrinal and qualitative

 

 

 

methodology was adopted. The doctrinal approach enables the authors to explore the position of the

 

Nigerian law to examine the liabilities of medical personal in cases of any malpractice whether intentionally or

 

unintentionally. The qualitative approach was used to analyze the administrative protection of medical

 

personnel by the hospital management board.

CONCLUSION: The study concludes that as long as there is lack of proper supervision of medical personnel by

 

 

 

their superior officers, no constant supply of electricity, no improved welfare package for medical personnel,

 

lack of educational sponsorship for career advancement, deliberate observation of advanced professional

 

ethics and honesty on the part of medical personnel, negligence in the course of treatment would not be

 

abated in Nigerian hospitals.

 


Keywords

Medical Personnel, Negligence, Liabilities, Hospital Management, Law.,

JULY - SEPTEMBER 2019

Volume 28 | Issue 3

Page Nos. 253-260

Online since Dec 17, 2019

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