Overview of Health Law Practice in Nigeria: Regulations and Challenges
The health law system in Nigeria is governed by regulations such as the National Health Act (NHA) 2014, which prioritize patient privacy rights and compulsory care for gunshot victims. Issues like negligence in medical practice are addressed through professional standards set by bodies like the Medical and Dental Council of Nigeria. Confidentiality of patient information is a key aspect outlined in the NHA. Criminal and civil liabilities are discussed concerning negligence in healthcare, emphasizing the importance of upholding patient safety.
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HEALTH LAW PRACTICE IN NIGERIA Nwachukwu Sandra Corporate Counsel L.L.M International & Comparative Law Candidate, May 2021
HIGHLIGHTS The Health law System in Nigeria The Enforcement of rules governing the Health Law Practice The Issue of Negligence Confidentiality in Healthcare Favoritism Conclusion and Recommendations 03/19/2021 3
RULES GOVERNING THE HEALTH LAW PRACTICE National Health Act (NHA) 2014 : The NHAis the principal legislation regulating the Nigerian healthcare sector. It also makes adequate provisions for the privacy rights of patients. Compulsory treatment and care for victims of gunshots Act 2017 This Act is being enacted by the National Assembly of the Federal Republic of Nigeria. Right to treatment: Section 1 Right to Assist; Section 2 03/19/2021 4
THE ISSUE OF NEGLIGENCE Medical negligence is hinged on the tortuous principle of negligence as propounded by Lord Atkin in the 1932 case of Donoghue V. Stevenson Medical negligence constitutes an act or omission by a medical practitioner which falls below the accepted standard of care resulting to injury or death of the patient. In Nigeria, the standard of care is set by the Medical and Dental Council of Nigeria. Other medical bodies including the Nigerian Medical Association, the Medical and Dental Consultants Association of Nigeria also have principles of ethics guiding their members with disciplinary measures in place to ensure compliance. 03/19/2021 5
THE ISSUE OF NEGLIGENCE (Conti.) Civil liability Criminal liability: Where in the course of treatment, and due to some form of negligence on the part of the medical practitioner, a patient suffers some gross or extreme harm or death, showing disregard for life and safety, liability will arise under criminal negligence This view was given expression by the Privy Council in the Nigerian case of R. V. Akerele where the court held that the degree of negligence required in criminal cases must go beyond that for civil liability and it must be shown that there has been such disregard for life and safety of others to amount to manslaughter. 03/19/2021 6
CONFIDENTIALITY Section 26 (1) of the NHA provides that all information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment is confidential . Section 26(2) of the Act. Health information can be disclosed when there is a court order or any law prescribes such disclosure with the consent of the owner in writing, and when non-disclosure will pose a serious threat to public health. Section 28 (1) provides that a healthcare provider can access the health record of a patient with the consent of the patient. Section 29 mandates the head of a healthcare facility to put in place control measures to prevent unauthorized access to those records and to the storage facility in which, or system by which, records are kept . This implies a good data governance and management policy to prevent unauthorized access, unlawful disclosure, data loss, and data theft - both online and offline. The section prescribes offences and the punishment of two (2) years imprisonment or fine of N250,000 ($816) or both. 03/19/2021 7
FAVOURITISM The practice of giving unfair preferential treatment to one person or group at the expense of another. Should there be Favoritism when it involves lives? 03/19/2021 8
CONCLUSION Compensation Duty of Accountability Improves the standard of care Health Insurance Legal Proceeding HEALTH IS WEALTH!!!! 03/19/2021 9
REFERENCES https://www.researchgate.net/publication/332291216_an_o verview_of_medical_negligence_in_nigeria http://www.mdcnigeria.org/ Compulsory treatment and care for victims of gunshots Act 2017 National Health Act (NHA) 2014 https://www.ncbi.nlm.nih.gov 03/19/2021 10
Thank You!!!!!!! 03/19/2021 11
