Duty of care: its implications to the medical profession in Nigeria

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DUTY OF CARE: ITS IMPLICATIONS TO THE MEDICAL PROFESSION IN NIGERIA

ABSTRACT

The Medical field is one of the most referred and reverenced profession in that it deals with the lives of human beings and in the course of their dealings with patients, these patients go through tests, operations, diagnosis to mention but a few. The Medical professionals in the course of discharging their duties are sometimes Negligent as regards adhering strictly to their professional Code of Conduct. For instance where a doctor leaves operating instruments in the abdomen of a patient. In Nigeria there exists a countless catalogue of Negligent cases in which the involved Medical Personnel go scot free because their victims are ignorant of their rights let alone enforcements of such rights. The peculiarities imposed on the practice of Medicine in Nigeria by our Culture and Environment have been examined. The laxity or absence of policing of drugs and food in Nigeria has been highlighted. It is clear from this that some Nigerian laws which relate to many aspects of Medicine are outmoded and inadequate. This particular point is emphasized especially in matters of abortion an mental illness. This Negligent act can be described as the breach of duties, standard, care and diligence required by the Medical Profession. The main focus of this long Essay is to discuss the Legal Implications of the breach of Duty in the Medical Profession. As regards this, solutions would be proferred to curb all acts which might later occur in the nearest future. This work is divided into five chapters, chapter one deals basically with the general introduction. Chapter two gives us an insight into Medicine as a whole, how it evolved in Nigeria and how we received it. Chapter three gives us a proper understanding of the concept, Duty of Care and Medical Negligence, Chapter four avails a Medical Practitioner the opportunity to be free from liability in essence, they have defences they can rely on. Lastly, Chapter five deals with the general conclusion.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTE

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF THE STUDY

1.3.0: FOCUS OF THE STUDY

1.4.0: SCOPE OF THE STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: DEFINITION OF TERMS

1.8.0: CONCLUSION

CHAPTER 2

MEDICINE IN PERSPECTIVE

2.0.0: INTRODUCTION

2.1.0: EVOLUTION OF MEDICINE IN NIGERIA

2.2.0: AN OVERVIEW OF THE MEDICAL & DENTAL PRACTITIONERS ACT

2.3.0: NATURE AND SCOPE OF MEDICAL ETHICS

2.4.0: NATURE OF PROFESSIONAL RESPONSIBILITY

2.5.0: CONCLUSION

CHAPTER 3

NEGLIGENCE AND DUTY OF CARE

3.0.0: INTRODUCTION

3.1.0:MEANING OF PROFESSIONAL NEGLIGENCE

3.2.0: ESSENTIAL ELEMENTS OF THE TORT OF NEGLIGENCE

3.3.0: DUTY OF CARE

3.4.0: CONSEQUENCES OF BREACH OF DUTY

3.5.0: DAMAGES AS A RESULT OF BREACH OF DUTY

3.6.0: CRIMINAL LIABILITY IN NEGLIGENCE

3.6.1.0: MURDER OR CULPABLE HOMICIDE PUNISHABLE WITH DEATH

3.6.1.1: MANSLAUGHTER OR CULPABLE HOMICIDE NOT PUNISHABLE WITH DEATH

3.7.0: BURDEN OF PROOF: RES IPSA LIQUITOR

3.8.0: VICARIOUS LIABILITY IN NEGLIGENCE

3.9.0: CONCLUSION

CHAPTER 4

DEFENCES TO BREACH OF DUTY

4.0.0: INTRODUCTION

4.1.0: CONTRIBUTORY NEGLIGENCE

4.1.1.0: REMOTENESS OF DAMAGE

4.1.1.2: DEFENCE OF CONSENT

4.1.1.3: DEFENCE OF ACCIDENT

4.1.1.4: DEFENCE OF EMERGENCY

4.2.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

BIBLIOGRAPHY

ARTICLES ON THE INTERNET

BOOKS

NEWSPAPER REPORTS

 

TABLE OF CASES.

 

 

AUSTRALIA

 

 

  • Crossman v Steward (1977) 5 C.C.L.J 45.

 

  • R v Hughes (1952) 84 C.L.R 170.

 

NIGERIA

 

 

  • Aliyu v Aturu (1999) 7 NWLR Pt 612 Pg 536

 

  • Anyah v Imo Concord Hotel (2002) 12 S.C 77 Pg 85

 

  • Amusa v State (1985) 3 NWLR Pt 30

 

  • Archibong Effang v State (1969) 1 NMLR 186

 

  • Denloye v Medical Practitioners Disciplinary Committee (1968) ALLNLR 308.

 

  • Dickson Ibekwe v UCH Board of Management (1961) WNLR 173.

 

  • FBN v Associate Motors Ltd (1998) 10 NWLR (Pt 570) 44.

 

  • Kim v State (1992) 4 NWLR (Pt 233) 175.

 

  • Koya v UBA (1997) 1 NWLR (Pt 481) 251 Pg 291.

 

  • Mohammed v State (1997) 9 NWLR (Pt 520) 169.

 

  • Ndubuisi v Olowoake (1997) 1 NWLR (Pt 512) Pg 325@336.

 

  • Nepa v Role (1987) 2 NWLR Pt 5 179

 

  • Ojo v Gharoro (2005) 25 NSCQR 712 @ 771

 

  • Okin Biscuit Ltd v Osho (2004) FWLR (Pt 188) 1094

 

  • Okoro v State (1988) 5 NWLR Pt 255

 

  • R v Akerele (1941) 7 WACA 56

 

xi

 

  • R v Lawanta (1961) WNLR 133.

 

  • R v Oledima (1940) 6 WACA 202.

 

  • R v Ozegbe (1957) WNLR 152

 

  • Stagbag Construction Nigeria Ltd v Ogerekpe (1991) 1 NWLR (Pt 170) 733
  • State v Okechukwu (1965) 9 ENLR 91

 

  • State v Okezi (1972) 2 ECSLR 419

 

  • Ukoh v State (1971) NMLR 140

 

  • Yaro Paki v R (1955) 21 NLR 63.

 

UNITED KINGDOM

 

 

  • Ashton v Rowley (1980) 3 ALL E.R 1145 @ 1148

 

  • Barnett v Chelsea and Kensington Hospital Management Committee (1968) 2 WLR 422, (1968) ALL E.R 1068.
  • Blyth v Birmingham Water Works & Co (1856) ALL E.R REP 478.

 

  • Bolam v Fern Hospital Management Committee (1957) 1 WLR 582.

 

  • Bolton v Stone (1951) A.C 850.

 

  • Bourater v Rowley Reign Corp (1944) K.B 477

 

  • Brich v Thomas (1972) 1 WLR 294.

 

  • Buckpith v Oates (1968) 1 ALL E.R 1145 @ 1148

 

  • Cassidy v Minister of Health (1951) 2 K.B 343.

 

  • Coles v Reading and District Hospital Management Committee (1963) 107 S.J 115.
  • Collins v Hertfordshire C.C (1947) K.B 598.

 

  • Donoghue v Stevenson (1938) A.C 532.

 

xii

 

 

  • Doughty v General Dental Council (1988) A.C 104 or (1987) 3 ALL E.R 43
  • Fish v Kapur (1948) 2 ALL E.R 176.

 

  • Gerber v Pines (1933) 79 S.J 13.

 

  • Lister v Romford Ice and Cold Storage Co. Ltd (1957) A.C 55.

 

  • Mahon v Osborne (1939) 2 K.B 14.

 

  • R v Smith (1959) 2 ALL E.R 193.

 

  • Roe v Minister of Health (1954) 2 Q.B 66.

 

  • White v Board of Governors (1965) A.C 656.

 

 

TABLE OF STATUTES

 

 

  • Civil Liability (Miscellaneous Provision Act) 1961.

 

  • Constitution Federal Republic of Nigeria 1999. Section 33.

 

  • Criminal Code Section 319.

 

  • United Kingdom and America Legal Service Act 1990.

 

  • Medical and Dental Practitioners Act Cap M8 Laws of Federation of Nigeria 2004.
  • Penal Code Section 221

 

    LIST OF ABBREVIATIONS.
• A.C: Appeal Cases
• ALL E.R: All England Report
• ALL N.L.R: All Nigerian Law Report
• C.A: Court of Appeal Cases.
• C.C: Criminal Code
• C.L.R: Criminal Law Review
• E.N.L.R: Eastern Nigerian Law Report
• E.R: English Report
• E.C.S.L.R: Eastern Central States Law Report
• F.S.C: Federal Supreme Court
• F.W.L.R: Federal Weekly Law Report
• K.B: King’s Bench
• M.D.P.D.C: Medical & Dental Practitioner Disciplinary
  Committee  
• N.L.R: Nigerian Law Report
• N.M.L.R: Nigerian Monthly Law Report
• N.S.C.Q.R: Nigerian Supreme Court Quarterly Report
• N.W.L.R: Nigerian Weekly Law Report
• P.C: Penal Code
• Q.B: Queen’s Bench
• Q.B.D: Queen’s Bench Division
• S.C: Supreme Cases
• S.J: Supreme Judgement

 

xv

 

• W.A.C.A: West African Court of Appeal Cases
• W.L.R: Weekly Law Report
• W.N.L.R: Western Nigerian Law Report

 

 

 

 

CHAPTER 1

 

GENERAL INTRODUCTION

 

 

1.0.0: INTRODUCTION

 

 

Medical practice has attained sufficient status to the extent that principles of law that are relevant to Medical Practice can now be examined under the concept of Medical Law. Medical law can therefore be described as the branch

of law dealing with Medical Practice or the Medical Profession.1

 

 

The functions of Medical Law therefore relates to identification of  issues

 

relating to or regulating the practice of Medicine 2. The essence of Medical Law or the kind of conduct required of a Medical Practitioner can be determined from the Oath of Hippocrates. This is a simple and modern declaration which a Medical practitioner makes and which he must adhere to in practice. It is meant to enable Medical and Dental Practitioners maintain a universally acceptable professional standards of practice as well as meet the

 

 

 

 

 

 

 

1 Yakubu J.A, Medical Law in Nigeria, (Demyaxs Press Ltd),2002, Pg 1.

 

2 (Ibid)

demands of the Medical and Dental Council of Nigeria with regards to ethics of a professional practice 3.

It is of importance to note that prior to the advent of the British to Nigeria, the traditional method of healing was the predominant practice. However, with the advent of the British as Nigeria’s colonial over lord, came the missionaries who not only took care of the spiritual well-being of Nigerians but also took interest in the health of the people. Maternity homes and dispensaries were established 4.

It should be pointed out that our traditional medicine is becoming more recognized in Nigeria. There is no specific law regulating traditional medicine beyond the general principles relating to liability in Criminal law, the law of

Torts and the law of Contract 5.

 

The earliest indigenous medical practitioners were trained in British. Subsequently several other indigenous people travelled to various countries in

the world for the purpose of acquiring education relating to medical practice 6

 

 

3 (Ibid)@ p.3

 

4 Ibid @ p.3

 

5 Ibid @ p.3

 

6 Ibid @ pg 4.

 

For a person to practice medicine, he must be professionally qualified through the process of University education and in accordance with the requirements of minimum standard requisite for attainment of this status. The process must be

universally recognized & accepted 7. The predominant Statute regulating medical practice in Nigeria is the Medical and Dental practitioner Act 8which provides all the necessary framework for the establishment of the Medical and Dental Council of Nigeria for the purpose of registration of medical practitioners and Dental Surgeons and to provide for a disciplinary tribunal for the discipline of members.

The functions and establishment of the Dental and Medical Council of Nigeria will be discussed in the course of this Essay.

Apart from the Medical and Dental Practitioners Act, a Medical Practitioner may also be liable criminally and may be asked to pay damages by way of civil remedy where it is discovered that the act or omission of the medical practitioner falls below expectation. Indeed in DENLOYE V MEDICAL

PRACTITIONERS DISCIPLINARY COMMITTEE9.

7 Ibid pg 5

 

8 Cap M8 Laws of Federation of Nigeria 2004.

 

9 (1968) ALL N.L.R 308

 

3

 

The court in this case pointed out the fact that where the nature of the act or omission of a medical practitioner amount to a crime, the regular law court must determine the criminal aspect of it before liability is determined under the Medical and Dental practitioners Act with respect to misconduct or infamous conduct. Civil liability is Negligence.

 

Negligence occurs when a person is said to omit to do something which a reasonable man would do when he is guided by the factors which originally regulate human conduct or when he does something which a prudent and a

reasonable man would not do 10. It can also be defined as the breach of legal

 

duty to take care which leads to damages 11.

 

Liability for Medical Negligence may arise in Contract or in Tort. While the duty in Contract arises from agreement between the parties, that in Tort is independent of agreement and imposed upon the parties by the Law. The duty in Tort may also be covered by that in Contract. In most cases of Negligence against Professionals and other skilled workers, the cause of action centres

mainly on breach of Contract. In some instances, one may also sue in tort. 12.

 

  • Aliyu V Aturu (1999) 7 NWLR pt 612 536

 

  • Okin Biscuit ltd V Osho (2004) FWLR (pt 188) 1094

 

12Olusoga Olapade, Law & medical practice in Nigeria, 2008 pg 107

 

1.1.0: BACKGROUND TO THE STUDY

Duty of care can only occur when a relationship has been established with someone. In this case a doctor-patient relationship. When there is a breach of this duty, it means there is an injury which a person might have sustained at the hands of another who should have taken reasonable care not to inflict pain on the person.

 

The writer has taken into cognizance that many Nigerians are affected one way or the other and legal steps are not taken to correct the wrongs, the violators of these wrongs escape liability unlike countries like America where the violators would be punished for their negligent acts. This is why the writer believes the concept of duty of care should be over-emphasized among the Medical practitioners. The effect of the breach of duty most times has stigmatized many Nigerian patients making them depressed for rest of their lives. As a result of this, this work seeks to bring an end to this attitude because so many have found themselves in this un desiring circumstances just as a result of the breach of duty from the medical practitioners.

 

The liability of a Medical Practitioner covers both Criminal and Civil liability which come to play as the burden of proof. Both the Criminal and the Penal

 

 

5

 

codes which apply in the Southern & Northern states of Nigeria respectively in relation to the culpability of offenders contains elaborate provisions under which cases of Medical Negligence can be prosecuted.

 

However, it is obvious that the Medical practitioners owe their patients a duty of care, it is therefore expected of them to exercise that standard of care in the course of their duty.

 

This work explains the nature of professional responsibility, the consequences of breach of duty, the remedies available to the victims of the breach. The work also includes the duties conferred on the patient and also the defenses available to the breach of duty.

 

1.2.0: OBJECTIVES OF THE STUDY

 

 

The general position is there is an increased rate of the breach of duty in the medical profession in our country and the objective and aim of this work is to see that the medical professionals who have defaulted in carrying out their duties to their patients must be strictly liable. Also, Nigerians should be enlightened of their rights and the need for them to seek redress once these rights have been infringed upon. It’s obvious that Negligence suits against Medical Practitioners are rare in this country compared to America & Britain.

 

6

 

Phenomenal success will soon be achieved with the current rate of literacy, the improvement of our economic sector and also the availability of legal aid. This work also seeks to identify the reason why there is a breach of duty on the part of the medical professionals and also to examine the defences available to them after the breach.

 

1.3.0: FOCUS OF THE STUDY

 

 

The focus and the limitation of the study is to examine the various Laws and Statute regulating the Ethics and the relationship between a medical practitioner and the patient.

 

Also, it shall be within the focus of this project work to examine the liability of Negligence of Medical Practitioners, either they are liable in civil wrong and criminal liability.

 

The main or principal Act which shall be examined in this project work is the Medical and Dental Practitioner Act cap M8 of Laws of Federation of Nigeria 2004.

 

 

 

 

 

 

 

 

1.4.0: SCOPE OF THE STUDY

 

This long essay focuses mainly on Duty of Care. An extensive writing will be made on the topic Duty of Care and Negligence and the consequences of breach of this duty. It also deals with the implication of the breach in the medical profession. It also calls attention to salient arrears of our law that regulates the practice of medicine in Nigeria.

 

1.5.0:METHODOLOGY

In regards to this study, materials will be drawn from sources which has been classified to primary sources and secondary sources.

Under the primary sources, reference will be made to various textbooks on medical negligence, case books, journal and statutory enactment. Whereas, the secondary source includes the views of various scholars and articles on the concept of medical negligence.

 

1.6.0: LITERATURE REVIEW

 

 

This Long Essay undertakes a fresh and contemporary study of a long existing issue and for a proper establishment of this essay a plethora of authorities have been referred to. It has been noted that various authors have echoed the need for Law to intervene whenever a breach has occurred so as to meet the needs and aspirations of the people.

 

J.A Dada, in his book,13a Nigerian author is of the view that the Legal aspects of Medical Practice in Nigeria and Medical Negligence cannot be left out. The writer of this long essay observed in his book:

 

‘That a Medical Practitioner owes a duty to exercise reasonable skill and care in the treatment of his patients. This duty is independent of any Contract between the Practitioner and his patient and therefore subsists regardless of whether the treatment was performed gratuitously, voluntarily or for a fee’

 

From this quote the writer is made to understand that a Medical Practitioner owes a duty to exercise reasonable care regardless of whether the treatment was performed gratuitously, or for a fee. This statement is in contrast as to what a Contract means as regards a doctor-patient relationship because it says that the duty arising from the Practitioner is independent of any Contract and so therefore, if there is a breach, the Medical Practitioner will be held liable irrespective of the fact that there was no Contract.

 

B.C Umerah, in his book14is of the view that it must not be thought that a Medical Practitioner by the mere fact of the profession owes a Duty of Care to

  • Legal aspects of Medical Practice in Nigeria, 2002 Pg 89

 

  • Medical Practice and the Law in Nigeria, 1989 Pg 123

anyone who needs Medical aid and who can be reasonably assisted. He further said that, once a doctor undertakes to treat a patient, whether or not there is an agreement between them, a Duty of Care arises. He makes us understand here that once the Medical Practitioner undertakes to treat the patient he must exercise reasonable care in dealing with the patient.

 

John Ademola Yakubu, in his book15,

 

Lord Esher in HEVEN v PENDER16stated that:

 

 

‘Under certain circumstances one may owe a duty to another even though there is no Contract between them. If one man is near to another, or is near to the property of another, a duty lies upon him not to that which may cause personal injury to that other, or may injure his property.’

 

The above principle represents the general duty of Care required at least from a consideration of the fact that the Law of Torts deals with the provision of necessary and adequate remedy where an injury has been sustained by another in circumstances not justifiable or allowed by the Law. Notwithstanding the fear that it is difficult to make a general statement defining the relations between the parties and the type of duty required in all cases, the above principles provides necessary guidance.

  • Medical Laws in Nigeria, 2002 Pg 33

 

  • (1883) 11 Q.B.D 503

 

10

 

Ibrahim Imam in his book17, he made us understand that Duty of Care has its Origin from the concept of foreseeability. Foreseeability here means that a person must not use Ordinary Care and shall in his own conduct with regard to those circumstances where he would cause danger or injury to another person. There is a duty on his part to avoid such danger.

 

Kodinlinye and Aluko in their book18, in order to establish that a person has a good cause of action in Negligence, it is not sufficient for the plaintiff to show the existence of circumstances which gives rise to a rational Duty of Care to him, and he can establish this only before showing that the harm suffered by him was the reasonably forseeable consequence of the defendants conduct.

 

This work provides for the Nigerian Perspective on this subject matter and its need in the system therefore, the project relied on written materials and opinions exposing the need for an urgent review of the Legal implications of the Breach of Duty in the Medical Profession.

  • Synoptic Guide on the Law of Torts (A handbook), 2001 pg 33

 

  • The Nigerian Law of Torts (Spectrum Law Publishing) 1996 Pg 42.

 

1.7.0: DEFINITION OF TERMS

 

In definitions, we must understand that every definition is as good as any other definition and every definition is as bad as any other definition. Professor Okuniga said :

 

‘Nobody has been able to offer, is offering, and will be able to offer a definition that will end all definitions of Law’

 

However, for an average person to understand the essence of this long essay, some terms that you will come across in this essay has been defined.

 

ACT

 

 

An Act may denote something done by an individual, as a private citizen, or as an officer: or by a body of men as a legislature, a council , or a court of justice: including not merely physical acts, but also decrees, edicts, laws, judgments,

resolves awards, and determinations19.

19 Blacks law Dictionary Sixth Edition (1891-1991) pg 25

 

12

 

AGREEMENT

 

 

In law, agreement is a concord of understanding and intention between two or more parties with respect to the effect upon their relative rights and duties, of

certain parts or future fact or performances20.

 

 

BREACH

 

 

Breach is the breaking or violating of a law, right, obligation engagement, or duty, either by commission or omission. Exists where one party to contract

fails to carryout term, promise or condition of the contract21.

 

 

CIVIL REMEDY

 

 

Civil remedy relates to private rights and remedies sought by civil actions as

 

contrasted with criminal proceedings.22

 

 

CONDUCT

 

 

This means to manage; direct; lead; have direction carry on; regulate; do

 

business23

 

 

 

  • Ibid pg 67

 

  • Ibid 188

 

  • Ibid pg 244

 

  • Scholz V Leuer, 7 Wash 2d 76, 109 p. 2d 294, 301. Ibid 295.

 

13

 

CONTRACT

 

 

It is an agreement between two or more persons which creates an obligation to

 

do or not to do a particular thing.24

 

 

COURT

 

 

A space which is uncovered, but which may be partly or wholly in closed by buildings or walls. In its technical sense it is an organ of government ; belonging to the judicial department, whose function is the application of the laws to controversies brought before it and the public administration of

justice.25

 

 

DENTAL SURGEON

 

 

A dental surgeon is one who gives any advice or treatment or he performs any operation necessary for the cure or preservation of teeth. A dental surgeon performs all operations necessary or incidental to the preparation and fitting of

dentures artificial teeth or other dental appliances.26

 

 

 

 

 

 

  • Ibid 322

 

  • Ibid 352

 

  • Section 21(1) Cap M8 Laws of the Federation of Nigeria 2004 , pg 82, 93

 

14

 

DISCIPLINE

 

 

Instruction, comprehending the communication of knowledge and training to

 

observe and act in accordance with rules and order.27

 

 

DUTY OF CARE

 

 

In Negligence, it is an obligation, to which law will give recognition and effect, to comport to a particular standard of conduct towards another, and the duty is invariably the same, one must conform to legal standard of reasonable

 

conduct in light of apparent risk28. The word duty is used throughout the restatement of torts to denote the actor is required to conduct himself in a particular manner at the risk that if he does not do so he become subject to liability to another to whom the duty is owed for any injury sustained by such

other29.

 

 

ETHICS

 

This means custom and habit. It relate to precepts which should control moral

 

 

 

 

 

 

 

  • Ibid 464

 

  • Merluzzi V Larson, 96 Nev, 409, 610 p.2d 739, 741

 

  • Ibid 505

 

15

 

behavior. It is that science of knowledge which deals with the nature and

 

grounds of moral obligation, distinguishing what is right from what is wrong.30

 

 

LAW

 

 

That which is laid down, ordained, established. A rule or method according to which phenomena or actions co-exist or follow each other. In its generic sense, is a body of rules of action or conduct prescribed by controlling authority and

having binding legal force.31

 

 

LEGAL DUTY

 

 

An obligation arising from contract of the parties or the operation of the law

 

e.g. legal duty of doctors to cure patients.32

 

 

LEGAL PRACTITIONER

 

 

A legal practitioner is one that is employed of a profession that is law as

 

opposed to one who teaches such.33

 

 

 

 

 

 

30Umerah B.C, Medical practice and the law in Nigeria, (Longman Nig Ltd), 1989 Pg 8

 

  • Ibid 884

 

  • Ibid 893

 

  • Ibid 1172

 

16

 

LIABILITY

 

 

The state of being bound or obliged in law or justice to do, pay, or make something good; the state of one who is bound in law and justice to do

something which may be enforced by action. 34

 

 

MEDICINE

 

 

The science and art dealing with the prevention, cure and alleviation of diseases, in a narrower sense that part of science and art of restoring and preserving health which is the province of the physician as distinguished from

the surgeon and obstetrician.35

 

 

METHOD

 

 

The mode of operating, or the means of attaining an object. Method, properly speaking is only placing several things, or performing several operations in the

most convenient order.36

 

 

 

 

 

 

 

 

 

  • Fidelity Coal Co. v. Diamond, 310 111. App. 387, 34 N.E. 2d 123

 

  • Ibid 982

 

  • Ibid 991

 

17

 

OATH

 

 

Any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully e.g. President Oath in

entering office.37

 

 

PRACTICE

 

 

Repeated or customary action; habitual performance; a succession of act of

 

similar kind; custom; usage. The exercise of any profession.38

 

 

STATUTE

 

 

A formal written enactment of a legislative body, whether federal, state, city or country. In an act of the legislature declaring, commanding or prohibiting

something.39

 

 

TEXT BOOK

 

A legal text or treatise which present principles on any branch of the law.40

 

 

 

 

 

  • Ibid 1071

 

  • Ibid 1172

 

  • Ibid 1410

 

  • Ibid 1477

 

18

 

 

 

 

 

 

 

TORT

 

 

A private or civil wrong or injury, including action for bad faith, breach of contract, for which the court will provide remedy in the form of an action for

damages. K. Martcorp .V. Ponsock, 103 Nev. 39, 732 p. 2d 1364, 1368.41

 

 

1.8.0: CONCLUSION

 

 

There is now an increasing awareness of the need to extract all that is good from our traditional heritage of indigenous medication. This supply means the process of subjecting our traditional medicament to scientific scrutiny,

 

refining, purification and standardization42. The problem of quackery in Nigeria is a major one. Effort to stamp out the practice have been unsuccessful and need to intensify by further government regulatory measure. More

 

stringent control of the sale of drugs is not only imperative but urgent43. Dangerous and scheduled drugs are freely dispense by unqualified persons. Poor storage of medicaments by such persons encourages the deterioration of

41 Ibid 1489

 

42Umerah B.C, Medical practice and the law in Nigeria, (long man Nigeria ltd) 1989 p. 4

 

43 Ibid 4

efficacy or even unexpected harmful effect. The medical profession has emphasized to the government of the federation that until such a time our traditional physician submit their concoctions for scientific scrutiny, no amount of fraternizing with such individuals should bring them the formal

recognition they are seeking as this would be a retrograde step indeed.44

 

 

The ease with which drugs can be obtained encourages quackery. Stringent control on the sale of drugs is both imperative and urgent if the standard of health care in Nigeria is to improve. Drugs should be handled only by skilled hands. In other words, by pharmacists and dispensers. The drug inspectorate division of the various Health Ministries ought to be revamped and fortified to make them more effective in combating the indiscriminate sale of drugs in market places, way sides, kiosks and such undesirable places. Patient medicine

shop ought to handle only household medicinal preparations.45

Medical practitioners should be conscious in handling the cases of their patients because there is no remedy when a life has been lost.

 

  • Ibid 5

 

  • Ibid 5

 

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