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Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling - Health - Nairaland

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Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by MeAboki(m): 1:35am On Nov 10, 2013
Came across this thread pertaining to recent statements made by the president of the NMA and was so infuriated by the sheer arrogance of the man and his colleagues, sufficiently enough to be motivated to open my own very first thread (out of my normal character) in solidarity with a brother who is a Medical Laboratory Scientist, suffering under the ongoing healthcare politics of the overbearing dominance of medical doctors over other health professionals.

https://www.nairaland.com/1511157/pharmacists-nurses-others-should-stop

Hope the success of this brave few professionals would give courage and encouragement to others to also try to free themselves form suppression and oppression.

Court Declares Medical Laboratory Science A Distinct Profession In Nigeria-Frees Her From The Clutches Of Pathologists


Medical Laboratory Scientists Gets Freedom From Pathologists In Nigeria

The court case between Medical Laboratory Scientists And Pathologists has been declared in favour of
the Former.
Justice Esowe of the National Industrial Court In Nigeria declared that Medical Laboratory Science is a distinct profession which has the right to relate with other professions to achieve organizational goals.
This landmark judgement was delivered on Monday 23rd October in a case between Mr. 'Tony Asiodu, Ben. Ajufo, Association of Medical Laboratory Scientists of Nigeria, Medical Laboratory Council Of Nigeria and the Management of the Federal Medical Centre, Asaba Delta State, Medical And Dental Council of Nigeria and the Attorney General of the Federation.

The court declared that ' by virtue of the provision of the Laws/Acts, Rules, Relevant Circulars. 9Issued on different dates) and 'approved 'Schemes of 'Service, members of the Plaintiffs' Association, Medical Laboratory Scientists, are distinct 'professionals and consequently entitiled to be accorded due recognition in the employment of the Defendants (particularly at the Federal Medical Centre, Asaba, Delta State).

Court Directs Hospital Management To Implement Scheme Of Service For Medical Lab. Scientists
The management of the Federal Medical Centre, Asaba, Delta State has been
directed to implement all provisions of the schemes of service for medical laboratory scientists.
This pronouncement was made by Justice Esowe of the National Industrial Court
Abuja, Nigeria in a suit filled by the Association of Medical Laboratory Scientists.
The sixteen page judgement ordered Inter Alia that the defendants to 'immediately recognize the existing Medical Laboratory Services department and Federal Government Approved Scheme of Service and put it into full operation for all members of the Plaintiffs' Association in accordance with the extant
laws/Acts, Rules, Circulars and Scheme of Service aforementioned and for all
administrative purposes at the Federal Medical Centre Asaba,.'


'It Is A Misnomer To Create A Directorate Without A System To Support It' -Justice Esowe
Justice of the National Industrial Court, Abuja, Justice Esowe has said that it will be a great
misnomer not to create a directorate system for medical laboratory scientists
after recognizing the office of a director.
In his judgement, he said, 'In view of the above provisions of the Federal Civil Service Rules, it is reasonable to infer that the scheme of service for the claimants recognized the creation of a separate
department of them. It will be a great misnomer to recognize the office
of a director a directorate system without a department to back it up. I therefore hold hat the contents of the claimants' scheme of service clearly envisaged the creation and recognition of a separate department for members of the claimants as a distinct professional group'.

Jobs Of Medical Laboratory Scientists Doesn't Conflict With Those Of Pathologists'-NIC
The National Industrial Court Abuja has declared that the jobs of medical
laboratory scientists doesn't conflict with those of pathologists.
In the judgement, the erudite judge says 'I hold that, based on the evidence before me, there is no conflict whatsoever between the claimants' job schedules and that of the 5th and 6th defendants. The above position is reinforced by the fact that their trainings, professional qualifications and schemes of service are different from each other.'. This he enthusiastically declared on page 15 of the document.

Court Says Medical Laboratory Scientists Are Legally Entitled To Own Department
In a recent court judgement by the National Industrial Court, medical laboratory
scientists has been declared entitled to have their own department.
The judgement on page 16, item 2 reads' A declaration that by virtue of the provisions
of the Laws'/Acts, Rules, Relevant Circulars issued on different 'dates' and approved scheme
of Service, members of the Plaintiffs' Association are legally entitled to
operate/work under a separate department in the employment of the defendants.'

http://allmedlabnewsupdate..com/2013/11/court-declares-medical-laboratory_6937.html

1 Like

Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Nobody: 1:43am On Nov 10, 2013
Mek U n ur cohorts rest ohhh!!! I no knw wetin b una problem.

A Doc is d leader of d health team Like it or leavve it. N it remains thus

1 Like

Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Acidosis(m): 6:08am On Nov 10, 2013
Come ohh! shocked

So Medical Lab Scientists are under oppressions too? shocked

na wa oh..

God knows I wouldn't even near a hospital to work if I had studied that course..
I'd simply establish my own Medical Laboratory or worst still hustle for paramilitary or bank job.

The Doctors can do all in the hospital..

But one can't blame them though.. Nigerian educational system is so bad that studying some courses especially in the Medical science could lead to frustration.

Why should people go to study Anatomy, Physiology, Pharmacology, Medical Biochemistry, Medical Microbiology in a country where the Docs want to do all?

When you enrol for BSc. Physiology and you discover that all your lecturers are MBBS holders (no single BSc. Physiology holder) then no you're doomed.
All they want is your tuition fee.

1 Like

Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Acidosis(m): 6:13am On Nov 10, 2013
btw, with the way the Docs want to oppress every other health worker...

I hope the Medical Doctor (Human) will not shift the aggression on their brothers soon (Dentists) ? grin grin grin grin

Soon they'll say only the Human Docs can lead the Medical and Dental Council
grin grin grin

and then later, Optometrists would join the list..
and maybe...just maybe, our amiable Medical Doctors would say its wrong for Veterinary Docs to be addressed as Doctors
grin

The way they carry that profession for head ehnn... one would think they earn more than a supervisory councilor in my Local Government..
grin

abeg F.G should pls intervene.. give them what they want once and for all as long as its attainable and good for all. Let them go back to work..
If the time spent roaming around Abuja courts were spent on patients, we go happy
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Nobody: 6:17am On Nov 10, 2013
we need copy of judgement not extract. Pathology and med lab science are distinct profession. having department of med lab science is not a big deal. med lab sci cannot head pathology departments viz morbid anatomy,chem path etc but can head department of med lab science. no problem. this nic ruling shows that a med lab sci cannot be pathologist . what does pathologist dies?

work.chron.com/job-description-pathologists-16583.html

who regulates clinical laboratory practice of pathologists in nigeria?


www.mdcnigeria.org/
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Nobody: 6:20am On Nov 10, 2013
we need copy of judgement not extract. Pathology and med lab science are distinct profession. having department of med lab science is not a big deal. med lab sci cannot head pathology departments viz morbid anatomy,chem path etc but can head department of med lab science. no problem. this nic ruling shows that a med lab sci cannot be pathologist . what does pathologist dies?

www.work.chron.com/job-description-pathologists-16583.html

who regulates clinical laboratory practice of pathologists in nigeria?


www.mdcnigeria.org/

who regulates med lab practice of med lab sc?

mlscn

so both pathologists and med lab sc work in lab but diff job description?

in the end diff deparnents the same labs.
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by JoannaSedley(f): 6:28am On Nov 10, 2013
Even judges are tired of these suppression bullcraps.....hehehe
Docs, is time for dialoque oooooo or else you will continue to loss ooooo. Mind you not in my dream but in reality. Laughing in ~¿~~}~¿¿ Hehehe arabic
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by MeAboki(m): 11:31am On Nov 10, 2013
thepathologist: we need copy of judgement not extract. Pathology and med lab science are distinct profession. having department of med lab science is not a big deal. med lab sci cannot head pathology departments viz morbid anatomy,chem path etc but can head department of med lab science. no problem. this nic ruling shows that a med lab sci cannot be pathologist . what does pathologist dies?

www.work.chron.com/job-description-pathologists-16583.html

who regulates clinical laboratory practice of pathologists in nigeria?


www.mdcnigeria.org/

who regulates med lab practice of med lab sc?

mlscn

so both pathologists and med lab sc work in lab but diff job description?

in the end diff deparnents the same labs.


I think the answers to your questions are already there and clearly stated in the enabling laws of the regulatory bodies of the two professions, MDCN (doctors) and MLSCN (lab scientists) and in the current judgement by the court.

I have tried to access the links you provided for relevant information in order to appreciate your position but without success.

However, it should be obvious that accordingly if the professions are distinct and the scientists entitled to their department with their own structure and hierarchy then how could it still be possible for pathologists to continue assuming the headship of laboratories?
Obviously, what now has to follow is for pathologists to vacate their seats as administrative heads of the various lab specialties (chem pathology, haematology, micro/bacteriology, BGS etc) for relevant appointed directors/deputy directors of med lab services to rightfully assume as heads, in accordance with govt's scheme of service.

Pathologists may therefore wish to regroup themselves in their own department of morbid anatomy.

BTW, I don't see how the two can end up sharing the same lab (perhaps histopathology), since pathologists are not primarily involved in bench work i.e. actually carrying the laboratory tests but more with the interpretation of test results and advising other doctors on the patient's management.
However, I do concede that there may be a small overlap involving e.g. administration of drugs etc, particularly in invivo dynamic tests that may arguably be construed as purely medical/surgical procedures (I presume this may be what you were referring to as clinical laboratory practice); though I believe this can easily be sorted out based on re-examining of the laws as well as on physical redesigning of the lab, but only in this regard, which in any case constitutes a very small fraction of all laboratory investigations carried out in hospitals.

Finally, it is quite untrue that med lab scientists want to become pathologists but quite the other way round where pathologists want to be both.

3 Likes

Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Nobody: 7:05am On Nov 13, 2013
Other health workers should begin to ask for what belongs to them.

Nurses have to start heading their council.
A non-Pharmacist has no business being NAFDAC head. He has no grasp of pharmacoliterature like the trained Pharmacists.

We must save the health sector from destruction.
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by oyatz(m): 3:14pm On Jan 09, 2016
MeAboki:



I think the answers to your questions are already there and clearly stated in the enabling laws of the regulatory bodies of the two professions, MDCN (doctors) and MLSCN (lab scientists) and in the current judgement by the court.

I have tried to access the links you provided for relevant information in order to appreciate your position but without success.

However, it should be obvious that accordingly if the professions are distinct and the scientists entitled to their department with their own structure and hierarchy then how could it still be possible for pathologists to continue assuming the headship of laboratories?
Obviously, what now has to follow is for pathologists to vacate their seats as administrative heads of the various lab specialties (chem pathology, haematology, micro/bacteriology, BGS etc) for relevant appointed directors/deputy directors of med lab services to rightfully assume as heads, in accordance with govt's scheme of service.

Pathologists may therefore wish to regroup themselves in their own department of morbid anatomy.

BTW, I don't see how the two can end up sharing the same lab (perhaps histopathology), since pathologists are not primarily involved in bench work i.e. actually carrying the laboratory tests but more with the interpretation of test results and advising other doctors on the patient's management.
However, I do concede that there may be a small overlap involving e.g. administration of drugs etc, particularly in invivo dynamic tests that may arguably be construed as purely medical/surgical procedures (I presume this may be what you were referring to as clinical laboratory practice); though I believe this can easily be sorted out based on re-examining of the laws as well as on physical redesigning of the lab, but only in this regard, which in any case constitutes a very small fraction of all laboratory investigations carried out in hospitals.

Finally, it is quite untrue that med lab scientists want to become pathologists but quite the other way round where pathologists want to be both.
.
It appear you don't fully understand what a Medical Laboratory is.All over the World,the Medical Laboratory function lilke a Workshop with multi-professional staff of the hospital utilizing the Laboratories.
In hospital settings,Laboratories are established as 'worksshops' for the various Pathology departments e.g Chemical PATHOLOGY Lab for the department of Chemical Pathology.
You can NOT have a true Chemical PATHOLOGY Lab without a CHemical Pathologist!
MLS can opt out to have their own departments with their own Labs if the hospital management can afford it but PATHOLOGY Labs are units within the PATHOLOGY Departments.
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Swints: 11:18pm On Jan 09, 2016
Acidosis:
btw, with the way the Docs want to oppress every other health worker...

I hope the Medical Doctor (Human) will not shift the aggression on their brothers soon (Dentists) ? grin grin grin grin

Soon they'll say only the Human Docs can lead the Medical and Dental Council
grin grin grin

and then later, Optometrists would join the list..
and maybe...just maybe, our amiable Medical Doctors would say its wrong for Veterinary Docs to be addressed as Doctors
grin

The way they carry that profession for head ehnn... one would think they earn more than a supervisory councilor in my Local Government..
grin

abeg F.G should pls intervene.. give them what they want once and for all as long as its attainable and good for all. Let them go back to work..
If the time spent roaming around Abuja courts were spent on patients, we go happy
They never born that mbbs doctor Wey go dey rude to a dentist. Dentists no be thee mate Na.
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by nelszx: 11:49pm On Feb 17, 2016
National Industrial Court Declares MLSCN Statutory Regulator for Practice of Med Lab Science in Nigeria
Posted: 17/Feb/2016


Justice B Adeumo OFR (President of the National Industrial Court of Nigeria had on 27th January 2016 delivered final judgement in suit No NICN/ABJ/284/2014 Nigerian Union of pharmacists, Medical technologists and professions allied to Medicine and Anor VS. Obafemi Awolowo university teaching hospital complex managment board and 6 others 
 
The suit was transferred to the NICN Abuja from the federal high court on 25th september 2014.
 
Highlight of the judgements as obtained by a medicalworldnigeria.com correspondent include.
 
1. The court declared tht the inconsistent provisions of the MDPA are impliedly repealed by the inconsistent provisions of the MLSCNA 2003.
 
2. On the issue of the teaching hospitals being empowered by section 7 of the university teaching hospitals to deploy staff to appropriate departments and appont heads, the court ruled that the boards cannot post those who are not medical laboratory scientists to do the works of medical laboratory scientists and ipso facto neither can it make any other professional other than a medical laboratory scientist the supervisor of medical laboratory scientists or the head of their department.
 
If the effect of making medical laboratory science a profession is to make it a distinctive branch of human endeavour, deserving specialized trainings, then the necessary corollary is autonomy of the profession. A profession can only be so called if it has independence of existence and a profession cannot have independence of existence if it  is tied to the apron strings of another profession by means of supervision and authentication of its works which is what pathologists are demanding here. Medical laboratory scientists should have their works supervised and sent directly to the clinicians that requested for their expertise, without the duplicative interpositions of the pathologists.
 
The argument that medical laboratory scientists were originally mere technicians to assist medical doctors even if it is so,is on no moment now. the law in its wisdom, has decreed that pathology has grown unwieldy because of the share variety of duties dovetailed onto it such that it was necessary to divide it into two by means of specialization and divison of labour, in order to enhance efficiency and effectiveness in health service delivery. The unrivalled authority of ..... the implication being that if the medical doctor (pathologist) now wants to practice as a medical laboratory scientist, he must satisfy the requirements of the law and be certified by the professional body created. 
 
According to the document obtained by a medicalworldnigeria.com correspondent, the courts also declared
 
a) Medical laboratory science counci of Nigeria is the statutory regulator for the practice of medical laboratory science / Medical laboratory services in Nigeria
 
b) Only professionals regulated and or subject to the council in Nigeria and who are qualified medical laboratory scientists that are entitled to practices as professional medical laboratory scientists within the meaning and intendment of the medical laboratory science council of nigeria Act No.11 of 2003
 
c) An order of injunction restraining the 1st plaintiff, 1st to 5th defendants and or other members /privies who are not subject to and or under the statutory regulation of the 6th defendant from representing, holding themselves out or continuing to represent and or hold themselves out as authorized to occupy any position and or assume any such position reserved for qualified medical laboratory scientist or otherwise interfering in the perfomance and discharge of the functions/duties of a medical laboratory scientists.
 
This judgement has put to rest any controversy between the MLSCN Act and the MDP Act and thus empowers the council to continue in its fight against quackery in the nation.
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by 0gbeni(m): 9:34am On Feb 18, 2016
Acidosis:
Come ohh! shocked

So Medical Lab Scientists are under oppressions too? shocked

na wa oh..

God knows I wouldn't even near a hospital to work if I had studied that course..
I'd simply establish my own Medical Laboratory or worst still hustle for paramilitary or bank job.

The Doctors can do all in the hospital..

But one can't blame them though.. Nigerian educational system is so bad that studying some courses especially in the Medical science could lead to frustration.

Why should people go to study Anatomy, Physiology, Pharmacology, Medical Biochemistry, Medical Microbiology in a country where the Docs want to do all?

When you enrol for BSc. Physiology and you discover that all your lecturers are MBBS holders (no single BSc. Physiology holder) then no you're doomed.
All they want is your tuition fee.
before any lecturer can teach a preclinical course, he/she needs to have at least a masters in the course, so these lecturers you are bashing here have Mscs/Phds in physiology
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by Aimzee(m): 6:30am On Feb 19, 2016
Only the Medical Lab Scientist can head the Laboratory Department - Industrial Court

The controversies surrounding the headship of the different
units of the Medical Laboratory Department of Teaching
Hospitals across the country may have been laid to rest
with the recent landmark judgement by the National
Industrial Court of Nigeria (NICN).

Continue from www.diagnoscope.
Re: Medical Lab. Scientists Gain Freedom From Pathologists - Landmark Court Ruling by oyatz(m): 9:04pm On Mar 13, 2016
MeAboki:



I think the answers to your questions are already there and clearly stated in the enabling laws of the regulatory bodies of the two professions, MDCN (doctors) and MLSCN (lab scientists) and in the current judgement by the court.

I have tried to access the links you provided for relevant information in order to appreciate your position but without success.

However, it should be obvious that accordingly if the professions are distinct and the scientists entitled to their department with their own structure and hierarchy then how could it still be possible for pathologists to continue assuming the headship of laboratories?
Obviously, what now has to follow is for pathologists to vacate their seats as administrative heads of the various lab specialties (chem pathology, haematology, micro/bacteriology, BGS etc) for relevant appointed directors/deputy directors of med lab services to rightfully assume as heads, in accordance with govt's scheme of service.

Pathologists may therefore wish to regroup themselves in their own department of morbid anatomy.

BTW, I don't see how the two can end up sharing the same lab (perhaps histopathology), since pathologists are not primarily involved in bench work i.e. actually carrying the laboratory tests but more with the interpretation of test results and advising other doctors on the patient's management.
However, I do concede that there may be a small overlap involving e.g. administration of drugs etc, particularly in invivo dynamic tests that may arguably be construed as purely medical/surgical procedures (I presume this may be what you were referring to as clinical laboratory practice); though I believe this can easily be sorted out based on re-examining of the laws as well as on physical redesigning of the lab, but only in this regard, which in any case constitutes a very small fraction of all laboratory investigations carried out in hospitals.

Finally, it is quite untrue that med lab scientists want to become pathologists but quite the other way round where pathologists want to be both.
You clearly display great ignorance but since google is still working,you can check who is a Pathologist and what Pathologists do on google.
The Laboratories in Tertiery hospitals like the teaching hospitals are NOT departments on their own but units(like workshops) within the various Pathology departments,just as the Operation theatres and ICUs are units within Departments of Surgery and Anaesthesia respectively.
So you can not have Haematology or Chemical Pathology Labs without Haematologists or Chemical Pathologists(who are doctors with postgraduate specializations in Pathology)

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