Tortious Liability for Medical Negligence in Public Hospitals in Kano State: Selected Cases

Medical negligence litigation in Nigeria has grown substantially in recent years, reflecting increasing patient awareness and a more activist legal profession. This study examines tortious liability for medical negligence in public hospitals in Kano State, North West Nigeria, focusing on cases decided between 2019 and 2024. Using a doctrinal research approach combined with analysis of 25 reported cases from the Kano State High Court and the Federal High Court, the research evaluates the standard of care owed by medical professionals under Nigerian tort law, the procedural barriers plaintiffs face in establishing breach of duty, and the quantum of damages awarded in successful claims. The study draws on principles established in landmark Nigerian cases as well as comparative insights from Ghanaian and South African jurisprudence. Findings reveal that plaintiffs frequently fail to establish causation due to insufficient expert medical testimony and inadequate record-keeping practices in public hospitals. The research also highlights how the doctrine of sovereign immunity, while formally inapplicable to tortious acts, continues to informally influence judgments involving state-owned medical institutions. Recommendations include the mandatory introduction of hospital clinical governance frameworks, improved patient record management systems, and the establishment of no-fault compensation schemes for medical errors. Keywords: medical negligence, tortious liability, Kano State, standard of care, public hospitals