THE INTERSECTION OF MEDICAL MALPRACTICE AND PATIENT SAFETY: LEGAL STANDARDS AND ETHICAL PRACTICES

Abstract

Medical malpractice and patient safety are critical and interdependent concepts in modern healthcare governance. In Nigeria, the legal and ethical frameworks that govern clinical accountability remain fragmented, underdeveloped, and weakly enforced. This study critically examines the intersection between medical malpractice and patient safety, with particular focus on the Nigerian legal system and its responsiveness to global standards. The research explores how medical negligence undermines patient safety and analyses the extent to which current legal provisions, institutional mechanisms, and ethical norms protect patients from harm. Drawing on doctrinal and comparative methodologies, the study engages with statutes such as the National Health Act 2014, the Medical and Dental Practitioners Act, and constitutional provisions on the right to life and dignity, while juxtaposing Nigeria’s approach with legal frameworks from the United Kingdom, United States, and South Africa. The work also interrogates ethical principles such as duty of care, transparency, and informed consent, highlighting tensions between professional conduct expectations and real-world clinical practices. By reviewing relevant case law, disciplinary tribunal decisions, and international instruments such as the WHO’s Global Patient Safety Action Plan, the research exposes systemic gaps and legal ambiguities that perpetuate impunity and compromise patient welfare. The findings reveal that while Nigeria possesses some legal instruments for regulating malpractice, these are undermined by poor enforcement, lack of patient awareness, and institutional inertia. The study concludes by recommending robust legal reforms, enhanced ethical compliance mechanisms, and institutional capacity strengthening to ensure safer healthcare delivery and improved legal accountability in the Nigerian health sector.