Nursing Regulation, Tort Law and Patient Rights - Nigeria (Notes)

Vocabulary flashcards capturing key terms and their definitions from the notes on NMCN regulation, tort law in nursing, patient rights, and professional liability.

NMCN (Nursing and Midwifery Council of Nigeria)

Regulatory body established to regulate nursing and midwifery in Nigeria; maintains the register, issues licenses, and sets professional standards.

Registration and Licensing

NMCN duty to maintain a register of qualified nurses/midwives and to issue practicing licenses.

Licensing Fees

Prescribed fees required to practice; no nurse may practice without paying them.

Standard Setting

NMCN responsibility to determine and review the standards of knowledge and skills for nurses and midwives.

Decree No. 18 of 1989

Nursing and Midwifery (Registration, etc., Amendment) Decree; amended the 1979 act, regulating the council, registration, training, and disciplinary tribunals.

Tort

A civil wrong causing harm by violating a protected right; liability is to compensate the injured party.

Tortfeasor

The person who commits a tort and is liable for damages.

Duty of Care

A legal obligation to exercise reasonable care to avoid causing harm to others.

Breach of Duty

Failure to meet the required standard of care.

Damages

Monetary compensation or other remedies awarded for harm; includes compensatory and punitive damages.

Causation

The link between the breach of duty and the resulting harm; must show the act caused the injury.

Proximate Cause

The legal, foreseeable cause of injury used to limit liability when multiple factors are involved.

Foreseeability

What a reasonable person would anticipate as a likely result of an act; key to liability.

Elements of a Negligence Action

Duty, breach, causation, and damages are the four essential elements to prove negligence.

Negligence

Failure to exercise reasonable care, resulting in harm; involves a duty, breach, causation, and damages.

Malpractice

Professional negligence by a nurse or midwife; breach of the standard of care causing patient harm.

Assault

Intentional act that creates reasonable apprehension of imminent harmful or offensive contact.

Battery

Intentional harmful or offensive contact with a patient.

False Imprisonment

Wrongful confinement of a patient without consent or legal justification.

Invasion of Privacy

Breach of confidentiality or unauthorized disclosure of a patient’s information.

HIPAA

Health Insurance Portability and Accountability Act; U.S. standard for protecting health information; cited as an example of privacy protection.

Informed Consent

Process of explaining benefits, risks, and alternatives; respects patient autonomy and requires documentation.

Vicarious Liability

Employer/principal liable for torts of employees/agents within the scope of employment; not needing to prove the employer’s fault.

Sovereign Immunity

Immunity of the government from certain lawsuits; limits damages in some contexts.

Joint and Several Liability

Multiple tortfeasors may be liable for the full amount of damages; liability apportioned by fault.

Proportional Liability

Liability is divided based on each party’s degree of fault; damages reduce accordingly.

Strict Liability

Liability without proof of fault, often in known dangerous activities; example includes certain drug cases.

Compensatory Damages

Damages that compensate the plaintiff for actual harm (e.g., medical costs, lost wages, pain and suffering).

Punitive Damages

Additional damages intended to punish outrageous or bad-faith conduct.

Contributory Negligence

Plaintiff’s own negligence reduces or bars recovery, depending on jurisdiction.

Comparative Negligence

Damages are reduced in proportion to the plaintiff’s fault.

Assumption of Risk

Plaintiff knowingly and voluntarily accepted the risk of harm, potentially barring recovery.

Good Samaritan Laws

Legal protection for professionals who voluntarily provide emergency care outside work; protection varies by state; Nigeria has no mandatory obligation.

Infanticide/Neonaticide

Killing of an infant; neonaticide refers to killings within 24 hours of birth; often linked to postpartum mental health issues and treated as murder in many jurisdictions.

Active vs Latent Errors

Active errors occur at the point of care; latent errors are systemic, underlying conditions that predispose to active errors.

Record Keeping

Documentation of patient care; must be accurate, complete, timely, legible, confidential, and standardized.

Incident Report

Formal record of unexpected or adverse events for safety and risk management; used for learning, not to blame.

Competent Care

Delivery of safe, effective, and ethical care that meets professional standards and patient needs.

Professional Indemnity Insurance

Insurance protecting nurses/midwives from legal liabilities arising from professional practice; mandatory since 2020 for NMCN registrants; can be held by employer or privately.

Indemnity

Insurance coverage that pays costs and damages arising from professional actions or alleged negligence.

DUI/DWI

Driving under the influence (DUI) or driving while intoxicated/impaired (DWI); serious legal and professional consequences for nurses.