Expert advocates justice for victims of medical negligence

Edward Samuel, Abuja

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In a bid to curb medical negligence in Nigeria, expert has called on the National Assembly to empower the Medical and Dental Council of Nigeria with laws to prosecute erring doctors to further ensure that justice is served when needed.

READ ALSO: 120 medical practitioners under investigation over medical negligence

Speaking to Journalists in Abuja the nations capital, a Diverse Health Help Society, Social Innovator, and Public Health Activist, Adanma Wachuku while citing the conviction of Dr. Ejike Orji, urged all doctors to actively condemn medical negligence and be willing to testify against their peers when necessary.

Adanma said Dr. Ejike Orji case further confirms that regulatory body for Doctors, medical and Dental Council of Nigeria and the justice system are able and willing to grant justice to victim of medical negligence.

“It is a long tedious and difficult road to travel, however, with determination, focus and patience, this can be done. I personally appeal to all doctors to be very active and vocal in condemning medical negligence and to also be willing to testify against erring doctors.

“This case is not just about one individual but serves as a catalyst for the entire medical society and the criminal justice system, it sets a precedent for holding doctors criminally liable for conspicuous actions, encouraging accountability within the medical profession,” she said.

Wachuku urged the judicial system to follow the example set by the Lagos State government by conducting a thorough investigation, ensuring that justice prevails.

She emphasized that Dr. Orji’s case as the first medical negligence case is the beginning of a transformative shift toward greater accountability and responsibility within the medical field.

Recall that Justice Adedayo Akintoye of the Lagos High Court in January 2023 sentenced Dr. Ejike Orji, to one year in imprisonment for causing harm, negligence and endangering the life of a 16-year-old patient.

Orji, the Medical Director, Excel Medical Centre, Dolphin Estate, was found guilty on four of the six counts charge leveled against him, which are counts 2, 3, 4 and 6.

However, he was discharged on counts 1 and 5 respectfully. The convict was initially arraigned alongside his wife Dr. Ifeayinwa Orji, but his wife was discharged and acquitted following an application by the Director of Public Production that the Lagos State government wishes to discontinue the case against her.

Delivering judgment, Justice Akintoye held that the prosecution has been able to establish the essential ingredients of the offence of breach of duty of care and endangering the life of a 16-year-old patient.

The court further held that the defendant’s action falls below what is reasonably expected of a medical doctor.

“It is my opinion that the defendant committed a breach of duty as a medical practitioner, when he willfully refused to remove the fiberglass cast on the patient left leg despite complaints of severe pains, which thereby, resulted in a compartment syndrome,” he said.

The court held that the convict applied Plaster of Paris (POP) cast on PW 10 leg using none medical staff, and without carrying out an x-ray to identify the level of injury.

Nwanchuku emphasised the importance of regulating the medical profession to ensure public safety without impinging on doctors’ ability to practice and advance the profession for the benefit of Nigeria.

She also highlighted the commitment and dedication of the medical profession to providing care to their patients, as well as the dangers and risks associated with providing medical care.

She called on state governments to follow the Lagos State example in standing up for patients who suffer due to reckless negligence at the hands of healthcare practitioners.

 

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