Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the standard of care expected in their field, leading to harm or injury to a patient. Growing public concern has arisen regarding the ethical behaviour of healthcare professionals, with an increasing number of complaints about poor ethical conduct and a rise in litigation against healthcare practitioners. This issue is not unique to the medical profession; every profession or calling is expected to adhere to ethical codes, which are typically universally recognized.
These professional ethics encompass personal and corporate standards of behaviour expected from professionals, defining what they should and should not do. Medical negligence and malpractice have become a significant issue in Nigeria, with a 2017 survey on medical errors revealing a prevalence of negligence among 42.8 percent of 145 medical practitioners.
According to the report, the three most common errors were medication prescription errors at 95.2 percent, errors in ordering radio-laboratory investigations at 83.9 percent, and errors in physician diagnoses at 69.4 percent. Other studies have also frequently reported a high number of deaths, with some estimating as many as 250,000 deaths annually. This places medical errors as the third leading cause of death in Nigeria, following cancer and cardiovascular disease.
Recently, a Lagos High Court at Tafawa Balewa Square sentenced Dr. Ejike Ferdinand Orji, the Medical Director of Excel Medical Centre Dolphin Estate, to one year of imprisonment for causing grievous harm, negligence, and endangering the life of a 16-year-old patient. He was found guilty on four out of six charges brought against him by the Lagos State government.
Justice Adedayo Akintoye, in her judgment, ruled that Dr. Orji’s actions were below the expected standard for a medical doctor, and the prosecution successfully demonstrated a breach of duty, care, and endangerment of the patient’s life. The court determined that the defendant’s refusal to remove the Plaster of Paris (POP) cast, despite the patient’s complaints of severe pain, led to compartment syndrome.
Court documents revealed that the victim, Master Somtochukwu Ezi-Ashi, sustained an injury while playing basketball at the University of Lagos Sports Centre and was taken to Excel Children Medical Centre. Somi’s mother, Mrs. Ngozi Ezi-Ashi, chose this hospital due to the presence of Dr. Ifeyinwa Grace Orji, Somi’s doctor. However, Dr. Ejike Orji, who had not previously treated Somi, attended to him.
Upon examination, Dr. Orji informed Mrs. Ezi-Ashi that an X-ray was needed and proceeded to stabilize Somi’s knee with a Plaster cast without obtaining proper consent or explaining the procedure. When Somi woke up, he complained about the tightness of the cast. Dr. Orji assured them that it was necessary and dismissed their concerns.
Despite continued discomfort, Dr. Orji maintained his position even after an X-ray confirmed a fracture. It was only after seeking a second opinion from a relative who was a medical practitioner in the United States that Mrs. Ezi-Ashi was advised that a Plaster cast was not necessary in this case.
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WHAT ARE THE DANGERS OF MEDICAL NEGLIGENCE
The dangers of medical negligence are significant and can have serious consequences for patients. Some of the dangers include:
- Physical Harm: Patients can suffer physical harm or injury due to medical negligence. This can range from surgical errors, medication mistakes, misdiagnoses, delayed treatment, or improper treatment.
- Psychological and Emotional Impact: Medical negligence can also lead to psychological and emotional trauma. Patients may experience anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues as a result of their negative medical experiences.
- Worsening Health Condition: When medical professionals fail to diagnose or treat a medical condition correctly and promptly, it can lead to the patient’s health deteriorating further. This can result in more severe health problems or even death.
- Financial Consequences: Medical negligence can result in significant financial burdens for patients and their families. Additional medical expenses, ongoing treatment, and loss of income due to disability can all contribute to financial stress.
- Loss of Trust: Patients often place a great deal of trust in their healthcare providers. When medical negligence occurs, it can shatter that trust, making patients hesitant to seek medical care in the future.
- Long-Term Disabilities: In some cases, medical negligence can result in long-term or permanent disabilities. This can affect a person’s ability to work, engage in daily activities, and maintain their quality of life.
- Wrongful Death: In the most severe cases, medical negligence can lead to the death of a patient. Families may suffer the loss of a loved one due to preventable medical errors.
- Legal Consequences: Medical negligence can result in legal actions, such as medical malpractice lawsuits. These legal proceedings can be stressful and time-consuming for both patients and healthcare professionals.
- Impact on Healthcare Providers: Medical negligence can also have a negative impact on healthcare providers. It can damage their professional reputation, lead to legal consequences, and cause emotional distress.
- Systemic Issues: When medical negligence occurs repeatedly, it can indicate systemic problems within a healthcare facility or the healthcare system as a whole. This can lead to a lack of accountability and patient safety concerns.
It’s essential to note that not all medical complications or unsatisfactory outcomes are the result of negligence. Medical professionals often face complex and challenging cases, and not all adverse outcomes can be prevented. However, when negligence does occur, it’s crucial for patients to seek legal recourse to hold responsible parties accountable and to ensure that such incidents are addressed and prevented in the future. Additionally, healthcare providers must continually strive to improve patient safety and minimize the risks associated with medical care.
WHAT ARE THE CONSEQUENCES OF MEDICAL NEGLIGENCE
Medical malpractice can have a range of consequences, both for the patients who experience it and for the healthcare professionals involved. The specific consequences can vary depending on the severity of the negligence and the individual circumstances of each case. Here are some of the potential consequences of medical negligence:
- Patient Harm: The most immediate and significant consequence of medical negligence is harm to the patient. This can include physical injury, worsened medical conditions, or even death. Patients may experience pain, suffering, and a diminished quality of life as a result.
- Financial Burden: Medical negligence can lead to significant medical expenses. Patients may require additional treatments, surgeries, or rehabilitation to address the harm caused by negligence. These expenses can be a financial burden for patients and their families.
- Emotional and Psychological Distress: Patients who experience medical negligence often suffer from emotional and psychological distress. They may experience anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues as a result of their negative medical experiences.
- Loss of Trust: Medical negligence can erode the trust that patients have in the healthcare system and their healthcare providers. This loss of trust can make it challenging for patients to seek medical care in the future.
- Legal Consequences: In many cases of medical negligence, patients or their families may pursue legal action against the healthcare provider or facility. This can result in legal battles, settlements, or court judgments that may have financial and professional implications for the healthcare provider.
- Professional Consequences: Healthcare professionals found liable for medical negligence may face professional consequences, including damage to their reputation, disciplinary actions, and potential loss of licensure.
- Impact on Healthcare Facilities: Medical negligence cases can also have an impact on healthcare facilities. Repeated incidents of negligence can harm the reputation of the institution and may result in legal and financial penalties.
- Changes in Healthcare Practices: High-profile cases of medical negligence can lead to changes in healthcare practices and policies. Healthcare institutions may implement new procedures, guidelines, and quality assurance measures to prevent future occurrences.
- Insurance Premiums: Healthcare providers may see an increase in their malpractice insurance premiums following a medical negligence claim or lawsuit, which can have financial consequences for them.
- Quality of Care Improvements: While not a direct consequence for the individuals involved, medical negligence cases can prompt healthcare providers and institutions to improve the quality of care, enhance patient safety protocols, and prioritize training and education to prevent similar incidents.
It’s important to note that not all medical complications or adverse outcomes are the result of negligence. Medical professionals often work in challenging and complex situations, and not all unfavourable outcomes can be attributed to malpractice. However, when medical negligence is suspected or confirmed, it is crucial to address it appropriately to ensure that patients receive the necessary care and compensation, and to prevent future occurrences.
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WHAT ARE THE LEGAL REMEDIES MEDICAL NEGLIGENCE IN NIGERIA
In Nigeria, as in many other countries, medical negligence is a serious issue, and there are legal remedies available to victims of medical malpractice. The legal framework for pursuing medical negligence claims in Nigeria may involve several avenues, including:
- Medical Malpractice Lawsuit: Victims of medical negligence in Nigeria can file a medical malpractice lawsuit against the healthcare provider or facility responsible for the negligence. To initiate a lawsuit, you would typically need to engage the services of a qualified attorney who specializes in medical malpractice cases. Nigerian courts may award compensation for damages, including medical expenses, pain and suffering, lost wages, and other related costs, to successful plaintiffs.
- Nigerian Medical and Dental Council (MDCN): The MDCN is the regulatory body for medical and dental practitioners in Nigeria. Patients can file complaints with the MDCN against healthcare providers they believe have been negligent. The MDCN has the authority to investigate complaints and may take disciplinary action against medical professionals if warranted, which can include suspension or revocation of their licenses.
- Alternative Dispute Resolution (ADR): Some Nigerian states and healthcare institutions encourage or require alternative dispute resolution methods, such as mediation or arbitration, for resolving medical malpractice claims. ADR can be a quicker and less adversarial way to resolve disputes compared to litigation.
- Healthcare Ombudsman: In some Nigerian states, healthcare ombudsman offices have been established to handle complaints and disputes related to healthcare services, including medical negligence. These offices can provide a mechanism for resolving issues through negotiation, mediation, or investigation.
- Criminal Charges: In cases of extreme medical negligence that involve criminal conduct, patients or their families can report the matter to law enforcement authorities. Criminal charges may result in penalties for the healthcare provider, including fines or imprisonment.
- Insurance Claims: Many healthcare providers in Nigeria carry medical malpractice insurance to protect themselves in case of negligence claims. Patients may file claims against the provider’s insurance policy to seek compensation for their injuries and losses.
It’s important to consult with a legal professional who is experienced in medical malpractice cases in Nigeria if you believe you or a loved one has been a victim of medical negligence. Nigerian laws and regulations may vary by state, so it’s crucial to understand the specific legal remedies available in your jurisdiction. Additionally, there may be statutes of limitations that restrict the time frame within which you can file a medical malpractice lawsuit, so prompt action is essential if you suspect negligence.
Always seek legal advice tailored to your specific circumstances, as medical malpractice cases can be complex and require a thorough understanding of both medical and legal aspects.