The House of Representatives on Tuesday moved to investigate the causes of deaths and permanent disability resulting from negligence of medical practitioners in Nigeria.
This followed the adoption of a motion by Hon. Jude Ogbeche Ngaji, who represents Ogoja/Yala Federal Constituency in Cross River State.
The House noted that the increase of reports of medical negligence in Nigeria is principally attributed to lack of sufficient medical practitioners and infrastructure in the health sector.
It also noted that despite the increasing number of victims, there has been a low level of formal complaints and lawsuits for compensation due to ignorance, poverty, and in some cases, reluctance to seek redress against the offending medical practitioner.The House observed that other countries where quality medical practice and care for patients is higher, there is a sense of accountability required from medical practitioners.
The House said it will be useful to consider the legal position in Nigeria concerning actions for negligence against medical practitioners in the discharge of their duties;
The motion, which was adopted by the House reads, “The House further notes that the Medical and Dental Practitioners Act, 2004 is the principal law regulating the medical profession in Nigeria, and provides for the registration of Medical and Dental Practitioners. It also codified the rules of professional conduct for Medical and Dental Practitioners in its Code of Medical Ethics in Nigeria, 2008, the Code specifies the acceptable standard of medical and dental practice in Nigeria.
“The House is aware that the Act also establishes the Medical and Dental Practitioners Investigating Panel and the Medical and Dental Practitioners Disciplinary Tribunal, where the Panel is charged with carrying out preliminary investigations of any allegation of infamous conduct professionally made against a medical practitioner, and where such allegations have merit, the Panel forwards the case to the Tribunal for trial.
“The House is also aware that medical negligence is the failure of a Medical Practitioner to exercise reasonable care in the course of discharging professional duty, thus, a registered practitioner who fails to exercise the skill or act with the degree of care expected of his experience and status in the course of attending to patients may be liable to professional negligence under the Code of Medical Ethics in Nigeria, which includes:
(a) failure to attend promptly to a patient requiring urgent attention when the practitioner was in a position to do so;
(b) a manifestation of incompetence in the assessment of a patient;
(c) making an incorrect diagnosis particularly when the clinical features were so glaring that no reasonable skillful practitioner could have failed to notice them;
(d) failure to advise, or proffering wrong advice to a patient on the risk involved in a particular operation or course of treatment, especially if such an operation or course of treatment is likely to result in serious side effects like deformity or loss of an organ;
(e) failure to obtain the consent of the patient (informed or otherwise) before proceeding with any surgical procedure or course of treatment, when such consent was necessary;
(f) making a mistake in treatment e.g. amputation of the wrong limb, inadvertent termination of a pregnancy, prescribing the wrong drug in error for a correctly diagnosed ailment, etc;
(g) failure to refer or transfer a patient in good time when such a referral or transfer was necessary;
(h) failure to do anything that ought reasonably to have been done under any circumstance for the good of the patient; and
(i) failure to see a patient as often as his medical condition warrants or to make proper notes of the practitioner’s observations and prescribed treatment during such visits or to communicate with the patient or his relation as may be necessary with regards to any developments, progress or prognosis in the patient’s condition.
“The House is cognizant that negligence involves the existence of three basic elements, which must be proved before liability to pay damages is established;
(i) that the defendant owed the plaintiff a duty to exercise due care;
(ii) that the defendant failed to exercise due care, and;
(iii) that the defendant’s failure was the cause of the injury of the plaintiff.
“The House is further aware that in circumstances where the Medical Practitioner fails to perform his duty as required, the issue of liability would arise, thus the victims of medical negligence can make complaints under criminal law, institute actions for a civil wrong or follow the complaint procedure provided by the Act;“
The House is also cognizant that a victim can seek redress for medical negligence under criminal law in the gravest of circumstances where negligence resulted in permanent disability or death of the patient, the practitioner will be guilty of gross negligence which can lead to a crime against the State or liable for manslaughter as the case may be;
“The House recognizes that the degree of negligence, which gives rise to civil action must be that of ordinary tortuous negligence, this can be proved where all elements of the three tests exist, which are: that the medical practitioner owed a duty of care to the patient; the duty of care was breached; and as a direct consequence of the breach, the patient suffered damages. Also, the onus of proof lies on the claimant who must call evidence to show negligence on the part of the medical practitioner.”
The Green Chamber then urged the Medical and Dental Council of Nigeria and other disciplinary bodies saddled with the responsibility of carrying out preliminary investigations of any allegation of infamous conduct against a medical practitioner to forward the case to the Tribunal for trial in line with the provision of Section 16(2) of the Medical and Dental Practitioners Act.
It mandated the Committee on Healthcare Services to ensure compliance.
The motion drew the commendation of the Speaker of the House, Rt. Hon. Femi Gbajabiamila.
” This is indeed a great motion as you did well to capture all areas in the field. This is your first motion you are moving in the House and it is really sound and rich.” the Speaker said.
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