Digitising Healthcare in Nigeria: A Review of the Legal and Ethical Implications of Telemedicine Platforms in Nigeria

Medicine is an age-old concept that has advanced with the evolution of technology, from the invention of the stethoscope to the rise of robotic surgery. Today, the digitalisation of healthcare has introduced new models of delivering medical services, with telemedicine emerging as one of the most significant innovations. In Nigeria, platforms such as AwaDoc illustrate the growing role of technology in bridging gaps in access to healthcare. This paper examined the concept of telemedicine and the digitalisation of healthcare in Nigeria, with particular focus on digital health platforms, such as the AwaDoc Platform. A review of the regulatory framework for digital healthcare was presented, as well as an exploration of the legal and ethical considerations that surface in the use of digital healthcare platforms. In addition, a study of the telemedicine system in South Africa, Kenya and India revealed the jurisdictional differences between these countries and the Nigerian approach to telemedicine and digital healthcare. The Doctrinal methodology was employed to discuss the issues raised in this study by carrying out an inductive content analysis of the primary and secondary sources of data. The primary sources used include the Medical and Dental Practitioners Act, the Code of Medical Ethics in Nigeria (Rules of Professional Conduct for Medical and Dental Practitioners), the National Health ICT Strategic Framework (2015-2020), the National Strategic Health Development Plan (2018-2022), the Nigerian National e-Health Strategy 2011, the National Health Policy 2016, the National Health Information System Policy 2014, the Nigeria Data Protection Act, and the Nigeria Data Protection Regulation, as well as interviews and questionnaires from experts in the relevant field. The secondary sources used include books, journals, and articles sourced from libraries and academic databases such as HeinOnline and Ebscohost. This paper established that in the digitalisation of healthcare, a crop of legal and ethical issues arises, including data privacy and protection, negligence and liability for malpractice, standard and duty of care, and intellectual property concerns, among others. The paper also explored the ethical issues of confidentiality, transparency, equity and access to platforms, and the commercialisation of healthcare. The paper identified challenges to the digitalisation of healthcare, including limited access to platforms, digital illiteracy, insufficiency of the Nigerian law, data breaches, and the personalisation of healthcare, among others. The authors recommended the development of a solid regulatory infrastructure that supports the digitalisation of healthcare in Nigeria; the establishment of a proper code of conduct for medical practitioners in the provision of healthcare services on digital platforms; and investment in infrastructure, among other recommendations. By adopting a proactive regulatory approach, Nigeria can maximise the benefits of digital and technology-driven healthcare solutions, while ensuring accessibility, innovation and protection of patient rights, without exposing them to undue risks.