#JUSTICE_FOR_JUSTIN


I am a student of Benson Idahosa University and also an aggrieved party in this case. The essence of the composition of this article is to ensure that justice is done and manifestly seen to be done.

Medical negligence is on the rise in Nigeria. Financial, infrastructural,EDUCATIONAL, cultural, religious, political and historical factors all play a crucial role in medical negligence and also reflect in patients expectations regarding acceptable professional performance and the liability of doctors for medical negligence. It is a well known fact that d onus lies on medical practitioners to ensure that adequate medical attention and treatment is being administered to patients within its custody but it is however unfortunate that most hospitals medical practitioners and also health centers has failed to take cognizance of this sacrosanct principle of "duty of Care" it owes a patient and this gross display of ignorance has been epitomized and displayed in BENSON IDAHOSA UNIVERSITY, HEALTH PLUS where the deceased in the person of "YVES JUSTIN NNAMDI UKWU" died due to the unreasonableness and negligent acts displayed by the practitioners. This is indeed a gross violation of the FUNDAMENTAL HUMAN RIGHT TO LIFE of Mr. Yves Justin as provided in the laws of the federation of Nigeria. The school has faulted by employing sets of incompetent medical practitioners, the practitioners have also negligently faulted. "The Institution reiterate the position that they are raising LEADERS but d pertinent question is: How is the DREAM of raising LEADERS going to be realized when the lives of the students are not adequately attended to by the medical staffs of the institute?" This is rather unfortunate and legal actions should be taken to ensure that JUSTICE IS DONE and not only done but JUSTICE SHOULD BE MANIFESTLY SEEN 2B DONE in this case.

It is the expectation of patients, friends, family and colleagues that health care
practitioners such as doctors, nurses and
pharmacists are properly trained in their
various fields of endeavor. They see them as
solution providers for all kinds of health
problems and thus put their trust and
confidence in them. This therefore reposes a
"duty of care" on the doctor or healthcare
practitioner. Once a doctor undertakes to care for the patient, a contractual relationship comes into existence and remains in force until the end of the treatment or formal termination by either party. The duty of care exists even if
not formally written down or confirmed
verbally. It exists between an unconscious
patient and the doctor. It even exists when you play the Good Samaritan in road traffic
accidents. "Medical negligence can therefore be an issue if there is failure of duty of care".

By virtue of the Code of Medical Ethics in Nigeria, medical negligence is defined as:

1. Failure to attend promptly to a patient
requiring urgent attention when the practitioner is in a position to do so.

2. Failure to refer or transfer a patient in good time, when such a referral or transfer is necessary (The deceased wasn't transferred to the institution apex medical centre, Faith Mediplex for treatment until he was lifeless)

3. Failure to do that which ought reasonably to have been done under any circumstance for the good of the patient.
In the case of U.T.B (Nig) v. Ozoemena (2007) 1 SC (Pt. II) 211, the Supreme Court of Nigeria defined Negligence to mean:
"Lack of proper care and attention; careless
behaviour or conduct; a state of mind which is opposed to intention; the breach of duty of care imposed by common law and statute resulting in damage to the complainant.
From the above, the following are deducible as elements of negligence:

1. A duty of care owed by the defendant to the plaintiff;
2. Breach of duty of care by the defendant; and
3. Damage to the plaintiff resulting from the
breach.(Damage in d sense of injury, death etc)

Duty of care is the responsibility or legal
obligation on an individual or organization to
avoid acts or omissions which can be
reasonably foreseen to likely cause harm to
others. It is a legal obligation imposed on a
person requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.
Duty of care fails in these circumstances:
1. Failure to diagnose where required
2. Errors relating to consent and advice
3. Substandard treatment
4. Drug and anaesthetics
5. Surgical complications and forgetting
materials/instruments in patients
6. Improper treatment supervision. Etc
From the above, it can be canvassed that the medical practitioners of Benson Idahosa University health plus has faulted in d performance of its legal obligation as it can be evidenced that the failure to carry out diagnosis on the patient (Yves Justin Ukwu) and further administering of drips on him which is a clear definition of substandard treatment and also not paying attention to the patient after several demands by friends and colleagues affirms the position that there is an existence of gross medical negligence and the duty of care owed to Justin by the Medical center of the University had been breached, and damages(death) has also resulted from that breach. The height of this advanced medical negligence is that instead of the so-called medical practitioners to attend to ill students, they are always busy watching a popular TV movie called TELEMUNDO. The doctors and nurses thus have gross disregard for life and the ethics of their profession. I therefore posit that all necessary legal action be taken in regards to this issue because there's a substantive grounds for initiation of such action.

R.I.P YVES JUSTIN UKWU.. #we_love_u_man and we definitely goon miss u so much.. #Till_we_meet_2_part_no_more

Cc lalasticala ishilove