Developing a Restorative Justice Framework for Medical Negligence Disputes: Comparative Lessons from New Zealand and Nigeria
Year: 2026
Type: article
Abstract: Medical negligence poses a significant challenge to patient safety, access to justice and public confidence in healthcare system. Adversarial litigation primarily focuses on establishing liability and awarding compensation; as a remedy, it is frequently ill suited to patients’ needs for explanations, acknowledgment, accountability, and repair. In contrast, New Zealand’s no-fault compensation system and restorative justice approach offer a more patient-centered and non-adversarial model. This article proposed a restorative justice framework for medical negligence disputes in Nigeria. Using a doctrinal and comparative method, it analyzed legal frameworks. The analysis revealed gaps such as prolonged litigation, systemic inefficiencies, and lack of a clearly defined healthcare specific restorative framework restorative justice. The study recommended appropriate legal and institutional reforms, facilitator training, coordinated referral mechanisms and pilot programs to support implementation, and legislative reforms to enhance trust, promote accountability, and contribute to safer healthcare practices in Nigeria.
Source: Computer and decision making.
Author: Akinola Nkiru Nnenna
Institution: Nile University of Nigeria
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225464265