How healthcare reforms can tackle negligence crisis, by students

However true lies the fact that services offered by commercial medical entities can be categorized under the scope of consumer protection by the FCCPC, objections stand based on what many argue may cause potential harm to patient care and breach of patient obligations.

But first, for many students, it gets us a step ahead in tackling systemic crises that has long defined our healthcare professions and institutions.

Beyond stressing the need to build confidence in a system where errors are tracked and adequately disclosed, Solaty Firdaus, a student at the Kwara State College of Nursing in Ilorin, likens the best approach to clinical accountability and professional integrity to prevent lapses and institutional indifferences.

“Not only should thre be mechanism to keep practitioners in check,” said Firdaus. “It should, among many others, include medically informed review processes to sustain patient safety.”

Her view seeks to address the challenges Nigerians in need of urgent medical attention often experience. This reflection is perhaps the most disturbing reality of the family of the late Mrs Charity Unachukwu, who died due to negligence by hospital staff.

Official statistics released by the World Health Organization captures the prevalence in low-to-middle-income countries like Nigeria where four in 100 people die as a result of questionable care.

But what then places Nigeria at the forefront of medical negligence? Of the 42.8 per cent negligence rate surveyed among 145 medical practitioners, a 2017 study published in the Archives of Medicine and Health Sciences linked the increase to medication errors, prescription errors, and diagnostic errors.

Although it brings to mind another reason why the court ruling should be upheld, Firdaus responded by indicating her interest in an alternative approach. “In the event of an adverse outcome, I would first turn to medical regulatory bodies or professional associations, given their technical expertise in evaluating clinical decisions within appropriate context,” she said.

Regarding their move to safeguard patients’ rights, Firdaus explained that it should not extend beyond the necessary complimentary role of a consumer protection agency. Bearing this in mind, she stated that, “the most effective approach would be a clearly defined, collaborative framework that ensures accountability without undermining clinical judgment or ethical obligations.”

Speaking further, on the subject of victims seeking redress, Shaibu Hamza Abdullahi, a student at the Nigerian Television Authority College in Jos, describes the ruling of an external agency to oversee too many flaws as a reminder that findings should be made public, as against the routine practices of being buried in committee minutes.

Beyond the timely need to address this year’s budgetary deficit where the Nigerian health sector received just 4.2% of the national budget, Hamza emphasizes adequate compensatory measures. “If trust comes from knowing someone answers for mistakes, since most Nigerians’ distrust in hospitals is because they feel helpless if something goes wrong, then it shows the gaps has grown beyond brain drain,” he said. For him, compensations and sanctions should be available when necessary without institutional delays.

Yet, it doesn’t ends there. To better address oversights Muhammad Munir Audu recalls as a contributing factor to the state-induced failure across both public and private sectors, the implementation of standard Digital Health Records (DHR) is required.

Of his view, he said: “Both medical history and treatment protocols should be digitally logged and accessible to the patient.”

In addition to that, given the fact that the FCCPC acts baseed on the principle of checks and balances, when asked about which association he would readily trun to should things go wrong, a perceived conflict of interest rings true to the 200-level student of Usman Danfodiyo University (UDUS).

“To begin with, consumer protection agency views the patient as a “consumer of a vital service” with specific legal rights. Seeking redress through an external agency ensures that the evaluation is focused on the outcome and the service delivery rather than professional solidarity. For a balanced healthcare ecosystem, we need the FCCPC to ensure that the service provider remains accountable to the end-user,” said Munir.

Habeeb Olookoba also shared his views. Habeeb’s interest in the court ruling stemmed from the need to address what Section 343 of the criminal code stands against in terms of administering medical treatment in an untoward manner. “Should an event occur where the FCCPC action causes harm to patients, which I doubt there will be, the court can be approached. If then, it can be sued as a recognized body and cooperation, why question moves to strengthen accountability in the medical field with less sabotage involved?” he asked rhetorically.

Aware of all manner of talks on what becomes of medical doctors should things go otherwise, the final-year student of UDUS believes it will make of them their best at all times, while on witch-hunting professionals, for example, if due process is been followed, there will hardly be problem.

Expert warns against over-regulation

Any profession worth its salt must be subjected to regulations so high that ethical and safety standards can be achieved, monitored and sustained, CAMPUS LIFE learnt during an exclusive interview with Prof. Akin Osinbogun, a medical expert.

What this further explains is why the Medical and Dental Council of Nigeria is well poised by the law to achieve those objectives.

“The Council has a Tribunal that has powers equivalent to a High Court and can pass sentences to suspend or remove an erring practitioner from its register. This does not preclude such an erring practitioner from further criminal prosecution and civil suit,” Osinbogun stated.

Interestingly, the system is robust enough and can be improved with increased public awareness. He noted that in several states, such as Lagos, Health Facility Monitoring Agencies have also been established to monitor the standards and safety of health facilities.

Nonetheless, Osinbogun acknowledges the judgement of FCCPC but cautioned against over-regulation of the sector. “Such over-regulation may lead to unintended consequences including defensive practice and escalating medical costs to patients,” he said, adding that it could be argued as what could have contributed to the high cost of care in the USA.

He emphasized that regulation within the practice of medicine does not preclude criminal or civil suit.