Posted on: Sun 14-01-2018

Victims of emergency treatment denial would have won millions of naira worth lawsuit against health care providers or establishments in Nigeria if only they were aware of the right to emergency treatment. And if only the health care providers knew that mere denial of emergency treatment carries a fine or imprisonment or both, they would have been more careful and most reluctant to deny patients of their emergency treatment right.

However, like two unexpressed feelings, both the populace - losing a good opportunity - and the health care givers - escaping the wrath of the law - are majorly unaware of the provision of the law that says emergency treatment should not be denied for whatever reason.

Nigeria is a developing country with over 180 million population. Unlike South Korea with an astonishing over 90% literacy rate, Nigeria has about 65-75 million illiterates many of who are ignorant of the provision of section 20 of the National Health Act, 2014 which provides:

(1) A health care provider, health worker or health establishment shall not refuse a person Emergency treatment, emergency medical treatment for any reason whatsoever.

(2)     Any person who contravenes this section is guilty of an offence and is liable on conviction to a fine of N100, 000.00 (one hundred thousand naira) or to imprisonment for a period not exceeding six months or to both.

In some cases, health care establishments or providers don't attend to victims hit by stray bullet on time until police report is provided. By this, victims experience agonising pain while awaiting police report and some consequently lose their life.

The health care providers base their stance of refusing emergency treatment on the opinion that a patient might actually be an armed robber or offender shot by police and not one hit by a stray bullet.

This opinion of health care givers remains erroneous in respect of sanctity of life - whether the life in question is that of an offender or not  - and against the law of emergency treatment.

In another instance, patients unable to pay in advance before treatment that is emergency in nature are also denied of treatment by health care providers including in government owned health facilities!

Like many other infringement of rights in Nigeria, patient denied of emergency medical care or treatment leave their right unchallenged in court of law. Most victims either lack the wherewithal to pursue such case in court or have the financial strength to enforce their right in court but are oblivion of what the law says on emergency treatment.

No doubt, Nigeria health sector is far behind compared to health sectors of other countries of the world. The country needs to stir a step in educating its populace and health care providers on the formal's right of emergency treatment and the consequences risked by the latter if emergency treatment is denied.

More so, the amount of fine attached to contravening the law of emergency treatment needs repealing. The fine of N100,000 is too meagre and far too small a fine considering lives being exposed to danger and then expenses associated with instituting and pursuing a case in court of law.

Not all lawyers provide pro bono services - in fact minute of them does in Nigeria. With this in mind, the cost of litigation - not to talk of risk to life - leaves a victim at a loss if, at the end, a victim is indeed granted the N100,000 fine when juxtaposed with other expenses already incurred by a victim.

The fine should be raised far above the current amount and the government of Nigeria should engage in a fierce publicity of the law of emergency treatment to safeguard against wanton loss of precious and irreplaceable life of its citizens.

K.O. Sabit Esq

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