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An Abuja hospital may face a meagre fine of N100,000 under the National Health Act after allegedly refusing immediate treatment to a young woman, Greatness Olorunfemi, who fell victim to ‘one-chance’ criminals in the city.
‘One-chance’ is a term used to describe criminal gangs that engage in kidnappings and robberies on public transportation.
It was alleged that the tragedy of Olorunfemi’s death did not solely stem from the criminal act itself, but was exacerbated by a hospital’s refusal to provide immediate treatment to her wounds.
An X user @Nwaadaz, who claimed to be a friend of the deceased, said she was stabbed and pushed out of a moving vehicle by the criminals who had targeted her.
However, what transpired at the Maitama District Hospital where she was rushed to for prompt medical intervention was nothing short of a medical crisis of its own.
Reports suggest that the hospital demanded a police report before attending to her, a violation of the Act that mandates healthcare providers to offer emergency treatment without such prerequisites. Tragically, moments later, Greatness Olorunfemi passed away.
“Maitama General Hospital refused to attend to my friend who was stabbed by a one-chance driver in Abuja. They allowed her to bleed to death and locked the emergency ward against her because she didn’t have a police report!! Nigeria has failed Greatness!,” the X user tweeted.
“One-chance” crimes have become increasingly prevalent in Abuja, with victims facing a multitude of threats, including physical harm, robbery, and, as in Greatness’s case, being forcibly ejected from moving vehicles.
In such incidents, time is of the essence, and access to immediate medical care can mean the difference between life and death.
A Pervasive Bureaucratic Hurdle
TheNewsGuru.com (TNG) reports that the demand for a police report, a common bureaucratic procedure in many Nigerian hospitals, has repeatedly been cited as a contributing factor to avoidable deaths across the country.
In 2021, a music producer named Ebenezer Ayeni lost his life under similar circumstances. He was reportedly shot by armed robbers during an invasion of his residence in Ibadan, Oyo State.
Despite being rushed to the University College Hospital, Ibadan, and another private hospital, both facilities allegedly refused to treat him without a police report, causing him to bleed to death two hours later.
The demand for police reports extends beyond gunshot victims, as hospitals have also insisted on this requirement when attending to victims of accidents, stabbings, and other violent incidents.
The practice is perceived by many as an unnecessary bureaucratic obstacle that prioritises paperwork over human life.
The Legal Standpoint
The refusal of hospitals to provide immediate medical attention to those in urgent need is seen as a blatant violation of the right to life, enshrined in Section 33(1) of the 1999 Constitution.
It also contradicts the fundamental tenets of medical ethics, particularly the Hippocratic Oath, which places the preservation of human life as the paramount objective.
In December 2014, former President Goodluck Jonathan signed into law the National Health Act, which specifically addresses this problem.
The Act criminalizes the demand for a police report by any health facility before providing emergency medical treatment.
Section 20(1) of the Act unequivocally states that a healthcare provider, health worker, or health establishment shall not refuse emergency medical treatment to any person for any reason whatsoever.
Subsection (2) outlines the penalties for contravention of this provision, with those found guilty facing a fine of N100,000 or imprisonment for a period not exceeding six months or both.
To further bolster this legislation and close any existing loopholes, the former President Muhammadu Buhari, assented to the Compulsory Treatment and Care for Victims of Gunshot Bill in 2017.
This Act mandates hospitals to treat accident and gunshot victims unconditionally, even in the absence of a monetary deposit.
The Fear of Police Implication
A doctor practicing in Lagos state who does not want to be named told this newspaper that hospitals often withhold treatment from victims with gunshot or stab wounds until a police report is presented, even in dire emergencies, to avoid potential repercussions such as police harassments.
“The police’s tendency to implicate doctors in their inquiries, particularly if the victim is suspected of criminal involvement, fuels this fear.
“The refusal of hospitals to prioritise immediate medical care over administrative requirements has no doubt cost lives,” she said adding, “there is urgent need for healthcare reform and stricter enforcement of existing laws”.
Authorities React and Investigate
On Saturday, the Federal Capital Territory Police Command announced the initiation of an investigation into the incident.
The Federal Competition and Consumer Protection Commission (Commission) has also launched an investigation to probe whether Olorunfemi’s death resulted from violations of the Patients’ Bill of Rights (PBOR) or other legal patient care requirements, especially in emergency situations caused by criminal acts.
In collaboration with relevant stakeholders, including the Office of the Mandate Secretary for Health Services and Environment for the FCT, the Commission said it is conducting a thorough inquiry that aims to ensure adherence to appropriate standards of patient care and safety, particularly in government healthcare institutions.
“The Commission has opened an investigation accordingly. Of particular concern is if Ms. Greatness Olorunfemi died on account of failures implicated in the Commission’s Patients’ Bill of Rights (PBOR) or other enforceable legal instruments regarding attention and care to patients generally, and more specifically, in emergency situations where victims of criminal conduct require medical attention,” Executive Vice-Chairman and Chief Executive Officer of the Commission Babatunde Irukera said in a statement.
Irukera commended the transparent and comprehensive investigation initiated by the FCT administration, which includes a Coroner’s Inquest, adding that the Commission stands ready to support and collaborate in the investigation to ensure that necessary actions are taken to enhance patient care standards and compliance with global healthcare norms.