LAW AND MEDICINE IN NIGERIA: LEGAL CUM INSTITUTIONAL FRAMEWORKS IN FOCUS

Abstract

Medical law is primarily concerned with the relationship between health care professionals, especially doctors, other health care providers, hospitals or health care institutions and patients. Medical practice in Nigeria is regulated and governed by a good number of statutes and institutions that take care of the increasingly high rate of medical malpractices and other allied medical cases. This paper examines the existing statutory and institutional frameworks for medical law in Nigeria, to wit; the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Medical and Dental Practitioners Act, National Health Act, Code of Medical Ethics, Compulsory Treatment and Care for Victims of Gunshots Act to mention but these, and institutions such as Medical and Dental Council of Nigeria, Medical and Dental Disciplinary Tribunal, National Health System and Council. The paper exposes the non-justiciability of the constitutional provisions on health in Nigeria. It further finds that the regulatory legal and institutional frameworks for medical and practice in Nigeria seems not to be up to date with emerging trends in the health sectors and recommends among other things, that the constitution be amended to take away the rights to health under chapter two of the Constitution which is unenforceable in our courts and be incorporated into chapter four of Constitution which contains enforceable rights and the enactment of allencompassing legislation that provides for human cloning, surrogacy, euthanasia, reproductive health, and other fledgling areas of medical practice.