Medical malpractice and negligence
-Appropriate compensation commensurate with the degree of injury or damage – Hon. Obinna Onwubuariri, MHR

A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor.

The medical profession is considered a noble profession because it helps in preserving life. We believe life is God given. A patient generally approaches a doctor/hospital based on his/its reputation. Expectations of a patient are two-fold: doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command and secondly they will not do anything to harm the patient in any manner either because of their negligence, carelessness, or reckless attitude of their staff.

Though a doctor may not be in a position to save his patient's life at all times, he is expected to use his special knowledge and skill in the most appropriate manner keeping in mind the interest of the patient who has entrusted his life to him.

“Failure of a doctor and hospital to discharge this obligation should attract appropriate compensation commensurate with the degree of injury and damage”. Hon Obinna Onwubuariri, MHR 10/03/16 at the green Chamber, National Assembly Abuja.

Find below the Explanatory Memorandum: a bill for an act to amend the medical and dental practitioners act, cap m8, laws of the federation 2004, to make provisions for compensation for medical malpractice and negligence and for connected purposes thereto 2015.

Explanatory Memorandum

A BILL FOR AN ACT TO AMEND THE MEDICAL AND DENTAL PRACTITIONERS ACT, CAP M8, LAWS OF THE FEDERATION 2004, TO MAKE PROVISIONS FOR COMPENSATION FOR MEDICAL MALPRACTICE AND NEGLIGENCE AND FOR CONNECTED PURPOSES THERETO 2015

Mr Speaker & honourable colleagues, the Medical and Dental professions in Nigeria are regulated by the Medical and Dental Practitioners Act, Cap. M8, Laws of Federation of Nigeria, 2004, which sets up the medical and Dental Council of Nigeria. Under the Act, medical and Dental practitioners are subject to practice under certain rules and responsibilities.
These Rules of conduct are made to enable doctors and dentist in Nigeria maintain universally acceptable professional standards of practice and conduct. They serve as standards in relationship of medical and dental practitioners with the profession, their colleagues, patients, members of allied professions and the public.

In sum, the Rules provide that all registered doctors and dental surgeons shall, in all areas of their professional conduct, practice and comportment, in professional and other relationships with their patient and other persons, be guided and bound by the rules contained in their medical practice codes; that any registered practitioner accused of professional misconduct, shall have his case investigated and thereafter summoned to defend himself before the Disciplinary Tribunal of the Medical and Dental Council of Nigeria and if found to have contravened the Rules, shall be guilty of professional negligence or misconduct. In which case, the Council may impose any of the following penalties for the professional misconduct:

a. Admonishing the practitioners;
b. Suspending the practitioner from practice as a medical practitioner or dental surgeon for a period not exceeding six months; and,
c. Striking the practitioner’s name off the relevant register.

Honourable colleagues, curiously, the Act made no provision for compensation in the case of medical negligence in which the patient suffers injury, damage or death attributable to the medical practitioner’s negligence while acting in his capacity as a medical practitioner or for deviating from the standard of medical practice required of a medical practitioner. In such a case the patient or victim is left to his/her of fate.
It is therefore very doubtful if, admonishing the practitioner, suspension or striking the practitioner’s name off the Register will be sufficient to assuage the injuries and damages suffered by a patient who was plain victim of a medical practitioner’s negligence. As said earlier the victim or his family are left to their fate while the medical practitioner bounces back to practice after serving his period of suspension.

Honourable Colleagues, this is quite unacceptable, I believe that a medical practitioner who is found culpable of professional negligence should be made to ameliorate the suffering of the patient whom he has put in a very precarious position by offering the patient an appropriate compensation commensurate with the degree of injury or damage the patient or his family has suffered as a result of the medical practitioner’s negligence.

The Bill therefore seeks to correct this anomaly by making provision for the Medical practitioner to be held liable for his professional negligence including that of the staff employed by him if such negligence results to injury, damage or death to a patient, thus a patient or his relatives shall accordingly be entitled to compensation from a medical practitioner when the patient’s health situation worsens due to the negligence on the part of the medical practitioner or where the medical practitioner deviates from the standard medical practice and such deviation results to serious injury or complication to the health or death of the patient.

Honourable Colleagues let me quickly add that this Bill is not out to witch-hunt medical practitioners. Instead, it merely compels medical practitioners to protect themselves from such claims by maintaining a Professional Liability Insurance cover against damages or injury attributable to his/her negligence, professional malpractice, deviation from standard of medical practice or the negligent act or omission of his employees. This is same as the law compels those who drive cars to main Third Party Insurance Policies in favour of victims of our negligent or even reckless driving.

Mr Speaker and honourable colleagues, compelling the maintenance of Professional Liability Insurance Covers by medical practitioners has its advantages: we know that insurers do not provide covers except upon evaluation of, and satisfaction by, the policy holder’s qualification, experience, proficiency, etc. This evaluation which is done at every policy renewal period engenders a high sense of care and responsibility on the part of the policy holder, ensures better healthcare delivery system and forestalls or minimizes injuries or death from otherwise avoidable circumstances.

Also, Honourable colleagues, this Bill seeks to raise, marginally, Membership Professional Fees of medical practitioners. This is to enhance the capacity required for the running of a highly sensitive professional association and ensures a high sense of commitment on the part of practitioners and healthcare providers.

Mr Speaker, Honourable colleagues, this Bill seeks to strengthen the security of human life by providing for compensation for injuries or death suffered as a result of a medical practitioner’s or medical facilities’ negligence, which compensation shall be made out of the medical practitioner’s Insurance Cover. Honourable Colleagues, I implore you to support this Bill to be read the second time.

Long overdue....

I hope the doctors will be treated as celebrities after saving lives, having poor remuneration, receiving epileptic salaries and spending time in doing that