Agbakoba Urges State Assemblies To Overhaul Medical Negligence Laws

A former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), has called on state legislatures to enact comprehensive reforms to address Nigeria’s escalating ‘crisis of medical negligence’.

Agbakoba, in a letter dated February 4, 2026, addressed to the Chairman of Nigeria’s Conference of Speakers of State Legislatures, highlighted a grim outlook of “preventable deaths from routine procedures caused by inadequate pre-operative assessments, monitoring failures, and incorrect medication administration”.

He stated, “Our states encounter a systemic healthcare crisis marked by total failure of accountability systems that enable negligent practitioners and facilities to operate without consequences.”

The senior lawyer also criticised the ‘confusion between policy-making and regulatory enforcement within State Ministries of Health,’ as well as chronic underfunding that violates the 2001 Abuja Declaration’s pledge to allocate 15 per cent of budgets to health.

Agbakoba proposed a nine-point legislative plan, calling on state legislatures to enact a comprehensive ‘State Clinical Negligence and Patient Safety Law.”

He said the law should include standards such as the Bolam-Bolitho test and Montgomery principles related to informed consent.

The lawyer also advocated for an “independent State Healthcare Quality and Safety Commission’ responsible for licensing, inspecting, and disciplining facilities—distinct from health ministries—with authority granted to Chief Medical Officers to conduct surprise inspections.

He further called for mandatory pre-litigation mediation within 90 days, professional indemnity insurance, patients’ right to access records within seven days, and the establishment of specialised Medical Negligence Divisions in High Courts.

Regarding funding, Agbakoba emphasised the importance of ensuring minimum healthcare budget allocations that meet the Abuja Declaration pledge of 15 per cent of state expenditure annually,” with phased targets, dedicated trust funds from sin taxes, and quarterly reporting to legislative bodies.

He called for concerted federal and state cooperation modelled after the UK’s system, with the Medical and Dental Council of Nigeria (MDCN) regulating professionals and states overseeing healthcare facilities, complemented by a National Clinical Negligence Scheme and a “duty of candour” for healthcare providers to admit errors.

He concluded that states have both the moral obligation and constitutional authority to spearhead transformative healthcare reform, shifting the sector from a history of impunity and preventable tragedies to one rooted in safety, transparency, and respect for human life.