AN APPRAISAL OF THE PRINCIPLE OF VICARIOUS LIABILITY WITHIN THE NIGERIAN HEALTHCARE SECTOR

Abstract

The health care system in Nigeria has recorded unsatisfactory performance in quality delivery for a very long time. Medical services are still not accessible to many people especially the poor. Patients receive sub-standard care in many cases due to the negligence on the part of one health care provider or another. However, this research critically examines the extent to which healthcare institutions in Nigeria are held vicariously liable for the medical errors committed by their employees vis a vis the provisions of Section 22 of the National Health Act 2014. Rooted in the principle of tort law, vicarious liability enables an employer to be held legally responsible for the wrongful acts of an employee carried out in the course of their employment. In the healthcare sector, this principle has significant implications for institutional accountability and patient safety. The study explores the legal landscape in Nigeria concerning the application of vicarious liability to hospitals and other medical institutions, with a focus on the strategies that can help health providers mitigate risk associated with vicarious liability. The study found that hospitals have a significant position in the responsibility for medical negligence, both in terms of supervision over doctors and other medical personnel, as well as in fulfilling healthcare service standards. The study also found that hospitals can be held liable for negligence committed by doctors, either directly or through the principle of employer liability (vicarious liability and respondeat superior) and this provides assurance to patients that hospitals have an obligation to provide safe services in accordance with professional standards. Using doctrinal and comparative legal methods, the study draws on statutes, case law, and scholarly literature to make informed recommendations aimed at strengthening accountability and improving patient outcomes within Nigeria’s healthcare system.