Uwak’s Bill To Check Medical Negligence Passes Second Reading in H/Reps

By Ephraim Ikpe

In an effort to whip medical professionals into line to avoid medical negligence, weed the medical profession of quacks, punish the offence of medical negligence, give Nigerians value for their money and reliable health care, Hon. Robinson Uwak’s Bill  for an act to provide for medical professional indemnity, establish the medical negligence complaints committee, repeal section 45 of the national health insurance scheme Decree No. 35 of 1999 and for matters connected thereto, presented at the floor of the House of Reps on Wed. December 12, 2012 has passed through the second reading.

 Presenting his argument at the second reading of the Bill Hon. Robinson Uwak said Medical negligence has become a myth that needs to be committed in God’s hand, noting that in other countries strict liability is upheld to hold accountable any health care provider for negligence in the course of his/her duties.

The Representative of Oron Federal Constituency in the lower Chamber of the National Assembly said although it has been emphasized that medical education is germane to proper delivery of health care to Nigerian, it would be illogical to allow the plethora of negligence witnessed in the medical profession to continue.

 Uwak asserted that the Bill sought to establish a Medical Complaints Committee to handle cases of Medical Negligence. He said it was necessary to remove the investigation of the negligent aspect of the medical profession from the Medical and Dental Association of Nigeria, so that the Nigerian Medical Disciplinary Committee can concentrate on issues of Professional Misconduct.

He said the Bill would ensure that there is remedy for those who suffer from negligence in the hands of  health care providers.

He stated further that the Bill will provide for punishment for the offence of medical negligence and breach of its provisions when it finally becomes an Act of the Nigerian Parliament.

The Bill, he said, would make it mandatory for all Health Care Providers to register and obtain indemnity to protect their clients and by so doing, quacks would be eroded from the practice of medicine as well as give Nigerians value for their money and reliable health care.

He expressed worry that though the Nigerian Medical and Dental Practitioners Act CAP M8 of 2004 establishes the Medical and Dental Council which is the umbrella body for the regulation of Medical practice in Nigeria, and further provides in section 15, the Disciplinary Tribunal and Investigation Panel,  empowered to investigate and hear cases of professional misconduct, it was surprising  that high number of deaths were still being recorded as a result of Medical negligence in Nigeria.

He reasoned, “ It therefore goes to say that the law has not been able to achieve its purpose or the law was not enacted to take care of matters of professional medical negligence.

“In considering this bill therefore, areas covered are not restricted only to medical Doctors and nurses, but any person who offers medical care, thus traditional medical practitioners are not exempted. This is necessary to bring in sanity into the Health Care sector so that only those who mean to provide humanitarian services are made to handle human lives in our country”.

Describing the provision of Section 45 of National Health Insurance Scheme as being “too vague“ as the said section was not “explicit” to properly cater for the menace of medical negligence in Nigeria, he called for a repeal and re-enactment in the said Bill to  ensure that the issue of professional negligence was properly covered to protect the citizens of Nigeria and ensure that only credible practitioners remain in the sector.

He regretted that the National health insurance scheme which was enacted to strengthen the health sector and make health care cheap and available to Nigerians simply provides in section 45, that “A health care provider (medical centre, institution, professional) shall be required to take a professional indemnity cover from an insurance company approved by the Council”.

He cited few of the numerous cases of medical negligence in the country, arguing that there was hardly anybody without a story about a friend or relative who must have  suffered negligence in the hands of Nigeris’s Medical personnel.

According to him, “the World health Organization (WHO) claims that “Doctors Kill 1 million patients annually through surgical errors” as published in the THISDAY Tuesday, May 22, 2012. Also in the THISDAY Newspapers of Wednesday, July 11, 2012, reported “a father whose daughter died after childbirth at the Federal Medical Center (FMC), Umuahia, Abia State…”.

He continued, “similarly, in the Vanguard Newspaper of May 1, 2012, the Federal High Court awarded N100m as damages to one Mrs Bassey against the Nigerian Navy and Commander C.T Olowu for negligence which led to grievous bodily harm”.

 Meanwhile the Committee on health has been directed by the House to work on the Bill before it is presented again for the third at which the House may pass same into law.

It could be recalled that Hon. Uwak sponsored the said Bill since last year in addition to a Motion on the neglect of maritime transport and its consequences on commerce and tourism in Nigeria, with particular focus on Oro waterways.

The House in its resolution, urged the Nigerian Inland Waterways Authority (NIWA), Nigerian Maritime Administration and Safety Agency (NIMASA) and its committee on Maritime Transport to address the situation.

He sponsored another Motion on the need to upgrade Maritime Academy of Nigeria, Oron to a University as well as the one that called for the investigation of the roles of the federal government and some oil companies on the matter of alleged round tripping of proceeds in the sale of OPL 245 in which the House resolved to setup an Ad-Hoc Committee to immediately investigate the matter.