Source: DoctorsHub Nigeria


A couple of days back I dropped an article, "5 MEDICAL MISTAKES YOU CAN SUE YOUR DOCTOR FOR" (click here to read if you haven't read it:http://doctorshub.com.ng/2017/02/22/5-medical-mistakes-you-can-sue-your-doctor-for/. Although I had expected the article to raise some dust, I never for the life of me expected it to reach the scale it did. As expected the majority of Nigerians welcomed the article and hailed me for illuminating them out of the darkness of ignorance concerning their health rights and code of medical ethics. Also, just as I had anticipated it would be, some colleagues of mine found the piece extremely vexatious. A few colleagues even texted and called me, using the opportunity to lambast me severely for championing such a cause.


Now, even with all the brouhaha that trailed the article, I was, after meticulous consideration of people's comments and opinions, able to pick up one or two salient topics that arose from the numerous arguments that ensued. These are topics that people are really itching to see addressed.
One of such topics is the question of whether doctors are allowed to and can sue patients should the need arise. Surptisingly, over 13 doctors and different other medical practitioners, across the country, emailed me and rquested that I do an article on doctors' rights to sue erring patients. An eye for eye they said.




This is the piece, guys...



But. Do. Not. Rejoice. Yet.


Let me be scrupulously honest with you: the code of medical ethics has been authored, primarily, to benefit and save patients. The patient is at the center of the document. You can take your time to peruse both the international code of medical ethics and our own local code of medical ethics in Nigeria, and see for yourself. Not in any one chapter was there a mention that a doctor can and should slamp his patients with litigations should the need arise. But trust me, there are hubdreds of references in the document where doctors could be found culpable and as such be subjected to the dreadful scrutiny of an investigative panel instituted by the MDCN and when found wanting, a disciplinary panel. While the code of medical ethics remains sancrosanct and inviolable (at least for now), it is worthy to point out that the document has been authored to suit the narrative of the patient, without serious attention to the protection of doctors from frivolous law suits and other unsavoury behaviours and completely false allegations. The only allusion, and a very slight one in fact, to the issue was where doctors were admonished to position themselves such that they don't become victims of litigations from angry patients. See what page 16 (13.5 and 13.6) of the code of medical ethics in Nigeria says,

"Practitioners should be at liberty to take prompt steps to protect themselves from unscrupulous and dubious patients may be out to deceive or manipulate them".

"Practitioners should always take necessary steps to guard against situations that may provoke allegations of impropriety."


From the above quotations, it is obvious, even to the blind, that we, doctors, have to protect ourselves. If we don't, nobody will do it for us. But how can we do this? First and foremost, we must strictly adhere to the laid down principles of the code of medical ethics. But even when are very careful, it is not uncommon for some patients to slam us with frivolous suits out of malicious intent. Like someone commented on my previous article, "these guys are out to see us fall. They eagerly wait to celebrate our downfall". With all of these, what then is the fate of the Nigerian doctor? That would be a topic for another day.


Let us answer this sixty-four thousand dollar question: can doctors sue patients?


YES! We can.


But on what grounds can we sue and institute legal actions patients?



1. DEFAMATION OF CHARACTER
Sadly, for the many ways some dubious patients make our lives miserable, there is very little we can do. However, if a patient defames your character by peddling rumours about you which are false, then you can sue the hell out of that patient! But trust me colleagues, you don't want to do that. The law is indeed an ass, as they say. If you sue your patient for defamation of character, then you must go the extra mile to prove that by defaming you, the patient has caused you financial losses or made you incur other damages. Even if you can prove this, the law has provided a way out for patients: patients can conveniently claim that what they said was just an opinion and not necessarily a target sponsored speech to assassinate your character. Now, since everyone has a right to his or her own opinion, the law, again, sets them free. It is crazy but it is the truth. The only time a doctor can narrowly and successfully get justice in court is if the doctor can prove beyond reasonable that the patient did truly spread the following types of rumors about him or her: rumor that he or she (the doctor) charges, say 25k for a 5k procedure just to extort unsuspecting members of the public, and secondly, a rumor that a senior doctor who is, say a consultant and member of some medical board, is not who he claims to be and not a member of that board.

These are very difficult cases to prove and they consume your time and bring you unwarranted and negative publicity. Let me tell you this, for every ten people who hear or read that you, a doctor, has sued your patient, at least 7 of them will sympathize with the patient, no matter the allegation. It is a very difficult place we have found ourselves in. And really, there is not so much we can do.
However, if a patient sues you first and you convincingly prove to the court that the case lacks merit and was instituted against you out of malice, you can pray the court to compel the respondent (the patient) to pay for damages and fees incurred. That's the most doctors can get, as far as I know.



2. UNPAID MEDICAL FEES
Gone are the days of "a doctor's reward is in heaven". We, too, get hungry and fall sick and have children to send to school. In more civilized and economically prosperous nations, the issue of unpaid medical fees or debts rarely makes the news. This is because their health insurance schemes are so robust and viable that the major health costs of patients are adequately covered by the schemes. But that's there, anyway. This is Naija- where the patients come to you, on their knees pleading for mercy and compassion. Most of them usually have legitimate financial constraints and may require some assistance. However, some patients or family members of patients with a dubious mien, come to us and fabricate very complex and disturbing tales just to get treatment from us, after which they abscond without settling their medical fees. For those kinds of patients? We can sue them! In countries like the US where things are much more advanced and data and information are easily accessed, an unpaid medical debt can mean no employment for that person. You will forever, until you pay, have medical debts reflected alongside your biodata. No employer will employ you seeing that you owe medical debts. No joke.



NB: Now concerning the case of a physical assault of a doctor by a patient, what is a doctor or nurse to do? If it can proved that such a patient attacked or assaulted you when fully conscious and aware of the consequences of his or her actions against you, and not under the influence of the side effects of drugs or as a result of a psychiatric ailment, you can file a suit against that patient. Even still, it is not advisable to do so. Click on the link below to find read and find out why.


You may also like, "4 REASONS WHY DOCTORS SHOULD AVOID SUING THEIR PATIENTS". Click here to read: http://doctorshub.com.ng/2017/02/28/3-reasons-why-doctors-should-avoid-suing-their-patients/.



Thanks for reading!


http://doctorshub.com.ng/2017/02/28/the-two-times-doctors-can-sue-their-patients/

What of 'eloping from the hospital'?

LAFO:
What of 'eloping from the hospital'?

From the facts available to me, it is not a sue-able offence. Thanks

Damian2016:
From the facts available to me, it is not a sue-able offence. Thanks

Ok

Thanks for the post, doc! Very informative

1 - 1. Let's see who will win! Nice post tho

watchamacallit:
Thanks for the post, doc! Very informative

You welcome!

innovate3751:
1 - 1. Let's see who will win! Nice post tho

innovate3751:
1 - 1. Let's see who will win! Nice post tho