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Comparative Analysis of Medical Negligence Between Nigeria and The United States of America: Case Study, The State of Nigeria and Texas

Dariyem Nanbam Kruslat Alu Ashezi David A. G. Yirvoms Maidawa Ezekiel Rigima Vincent Orifunmishe

Subject area: Arts, Social Sciences and Humanities  ·  Area of research: Medical Law

Abstract

The paper compared the medical negligence jurisprudence in Nigeria and United States of America with particular reference to the state of Texas. It was thereafter discovered that the medical negligence jurisprudence in Texas is robust, structured and well defined when compared to what is obtainable in Nigeria. The paper therefore recommended an overhaul of the Nigerian medical negligence jurisprudence and the adoption of Chapter 74 of the Texas Medical and Civil Remedies Code in terms of burden of proof, cap, medical evidence, pre-requirements for filing and statute of limitation. The authors used the doctrinal as well as comparative research method to achieve the aim of this research paper wherein both primary and secondary materials were consulted.

References

[1] American Medical Association, ‘Medical Liability Reform, the Facts you need to know to address the Broken Medical Liability System, 2022 Ediction

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[3] Dennis Uba Donald,’ The curious case of medical negligence in Nigeria’[2014) Vol.2, 1. The International Journal of Indian Psychology;132-142.

[4] D. Campbell, “Hospital Patients Complain of Rude Staff, Lack of Compassion and Long Waits,”TheGuardian(February 23, 2011).Available athttps://www.theguardian.com/societyhospital-patients-rude-staff-long-waits

[5] EseMalami, Law of Tort(2ndEdn. Princeton Publishing Co, 2013) 219.

[6] GuardadoJ,’Medical Liability Claim Frequency Among U.S Physicians, Chicago, IL, American Medical Associaition; 2017. Policy Research Perspective No. 2017-5.

[7] OludamilolaAdebolaAdejumo and OluseyiAdemolaAdejumo,’ Legal Perspective on Liablity for Medical Negligence and Practices in Nigeria’(2020) Vol.35, Part 44 Pan African Medical Journal.

[8] PAULYN Ugbodaga,’ Quacks and medical practice in Nigeria’(2017)<Quacks and medical practice in Nigeria – The Sun Nigeria (sunnewsonline.com)>accessed 1st April 2023

[9] Ray Sipherd,’The Third-Leading Cause of Death in the US most Doctors don’t Want you to know about’(2018)<cnbc.com>accessed 27 April 2020.

How to cite this paper

Dariyem Nanbam Kruslat, Alu Ashezi David, A. G. Yirvoms, Maidawa Ezekiel Rigima, Vincent Orifunmishe "Comparative Analysis of Medical Negligence Between Nigeria and The United States of America: Case Study, The State of Nigeria and Texas" Iconic Research And Engineering Journals Volume 7 Issue 6 2023 Page 332-344
Dariyem Nanbam Kruslat, Alu Ashezi David, A. G. Yirvoms, Maidawa Ezekiel Rigima, Vincent Orifunmishe "Comparative Analysis of Medical Negligence Between Nigeria and The United States of America: Case Study, The State of Nigeria and Texas" Iconic Research And Engineering Journals, vol. 7, no. 6, Dec. 2023
Dariyem Nanbam Kruslat, Alu Ashezi David, A. G. Yirvoms, Maidawa Ezekiel Rigima, Vincent Orifunmishe (2023). Comparative Analysis of Medical Negligence Between Nigeria and The United States of America: Case Study, The State of Nigeria and Texas. Iconic Research And Engineering Journals, 7(6).
Dariyem Nanbam Kruslat, Alu Ashezi David, A. G. Yirvoms, Maidawa Ezekiel Rigima, Vincent Orifunmishe "Comparative Analysis of Medical Negligence Between Nigeria and The United States of America: Case Study, The State of Nigeria and Texas" Iconic Research And Engineering Journals, vol. 7, no. 6, Dec. 2023.
@article{1705339,
      author = {Dariyem Nanbam Kruslat, Alu Ashezi David, A. G. Yirvoms, Maidawa Ezekiel Rigima, Vincent Orifunmishe},
      title = {Comparative Analysis of Medical Negligence Between Nigeria and The United States of America: Case Study, The State of Nigeria and Texas},
      journal = {Iconic Research And Engineering Journals},
      year = {2023},
      volume = {7},
      number = {6},
      pages = {332-344},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/17053391.pdf},
      abstract = {The paper compared the medical negligence jurisprudence in Nigeria and United States of America with particular reference to the state of Texas. It was thereafter discovered that the medical negligence jurisprudence in Texas is robust, structured and well defined when compared to what is obtainable in Nigeria. The paper therefore recommended an overhaul of the Nigerian medical negligence jurisprudence and the adoption of Chapter 74 of the Texas Medical and Civil Remedies Code in terms of burden of proof, cap, medical evidence, pre-requirements for filing and statute of limitation. The authors used the doctrinal as well as comparative research method to achieve the aim of this research paper wherein both primary and secondary materials were consulted.},
      month = {December},
  }