Patients Rights Support Foundation

10/12/2016

14/03/2016

Patients Rights Support Foundation's visit to the Stefano's Foundation IDP (internally displaced persons) camp in Zang Commercial School Bukuru near Jos on 13th March 2016.

28/01/2016

The suit against Association of Resident Doctors (ARD) came up for mention last week i.e 21/01/2016. Association of Resident Doctors (ARD) has finally filed their Statement of Defence. It agrees that its members are essential service providers but that they have no contracts with Patients, that their strikes are not usually total and contrary to the clear provisions of the Oath they took when they were inducted as Doctors and the existing laws, that they have a right to go on strike. The Judge disagreed with them and advised them to approach us for an out of Court settlement. To this, their lawyer and representative agreed gladly. The case was then adjourned to 16/02/2016 for report of settlement. As soon as Association of Resident Doctors (ARD) fixes a date for settlement talks we would let u all know. Thanks

21/01/2016

The PRSF suit against d Association of Resident Doctors and Jos University Teaching Hospital Management comes up today the 21th of January 2016 for mention. JUTH management filed a Statement of Defence supporting our cause 75%. They agree that Doctor strikes are unlawful. We still await the Doctor's Defence.

21/01/2016

PRSF team was at the Jos prison last week to see their clinic, we left there feeling terrible. It was saddening to see that they had no anti malarial drugs amongst other drugs for common illnesses. Inmates suffers all sort of ailments without proper care due to lack of drugs and basic health facilities. We offered to assist no matter how little and a long list of drugs was handed over to us. We have raised N5k nd shall get some drugs for them soon. We shall consider a suit too. Its wrong for d Federal Government to keep people under lock and not effectively care for their health.

02/01/2016

PRSF's visit to the children's ward at the Birmingham University Teaching Hospital (Jankwano), Jos, today 2/1/16.

13/12/2015

Sign board at Head Office: No. 109B Berom Street, near Hotel De Cardamon, West of Mines, P. O. Box 57,Jos, Plateau State. Email: [email protected]

08/09/2015

19/08/2015

Surgeon’s error turned me into blind man – Ex-columnist Falodun: The Nation newspaper of Saturday, August 15, 2015.
Pa Oluwole Falodun the man who used to write ‘Waka about’, a popular column in the defunct Lagos Weekend, a publication on the stable of the Daily Times of those days has recently stated that his current state of blindness was caused by a medical error which took place sometime in 1995.
He stated as follows:
”I had an attack of glaucoma which was being managed. But it reached a stage that I had to do a surgery. Then, I was a Board member of the Lagos State Sports Council. The then Military Governor of Lagos State, Olagunsoye Oyinlola, made an arrangement for me to do the surgery in Israel but I declined the offer, saying that I would do it in Lagos. I was being patriotic.
I went to the Lagos Island General Hospital and instead of operating the right eye, the surgeon, one Dr. Odukoya, operated the left eye in error. The same night of the surgery, the lady surgeon travelled out of the country on vacation abroad. She did not handover my case to anybody. When I recovered from the sedition, the other consultants refused to take over, saying my case was not officially handed over to any other person. It became a matter of come today, come tomorrow and the two eyes went blind after a month or two.”
That error from the surgeon’s blade has left Falodun blind for 20 years. The old man recalled that by the time he approached a private hospital to seek redemption of his lost sight, it was already late. The Anglican Church took up the case and the then Bishop of Lagos West, the retired Bishop Awelewe Adebiyi, set up a committee to address his plight. A decision was made to go to court to press charges or try to see the Government to remedy the situation.
Trying to see the Government didn’t work out as planned until the then Minister of Foreign Affairs and immediate past Governor of Jigawa State, Sule Lamido, with whom Falodun shared the same office in a firm in Lagos, got wind of the situation and called Tinubu to fix an appointment for Falodun. “I was called for a meeting the following day. I presented all the papers and Tinubu said he would not advise us to go to court because the case might linger for years with nothing to show. He said he was going to do something for me on humanitarian ground,” Falodun recalled.
Presenting his demands at the meeting, which included a request for a permanent abode and the inclusion of his a three children in the states scholarship scheme, Falodun said he was given the sum of N100,000 with a promise that his request would be met after 90 working days. The 90 days elapsed but he could not reach the Governor again. There was a blockade.
Asked why he did not take the issue to court after the 90 days elapsed without much forthcoming, he said: I believe that Tinubu is a gentle man to the core. I also knew that it was his aides who prevented me from reaching him. I know that a day will come when the promises made to me will be fulfilled.”
According to him “that is the system in Nigeria, where a doctor would perform a surgery and forget scissors and cotton wool inside a patient and cover it up. It is one of those things like carelessness and nonchalant attitude that is affecting me now.”
PRSF’s Comments:
1.Sometimes people (friends, associates, relations, church leaders/members) intervene when a Patient has suffered an injury or loss at the hands of Medical Personnel. Usually the appeal is for one to forget the episode and leave the matter for God. Sometimes the appeal is coated with promises of help – as in the case at hand.
2.In many instances it becomes too late legally to do anything about a situation where a wrong has been perpetuated via medical negligence because of legal bottle necks in the form of limitation laws.
3.Section 2 of the Public Officers Protection Act Cap P41 Laws of the Federation of Nigeria (LFN) 2004 limits time within which to sue a Public Officer with respect to any act done in pursuance or ex*****on or intended ex*****on of any Act or Law or of any public duty or authority or in respect of any alleged neglect or default in the ex*****on of any such Act, law, duty or authority, to three months next after the act, neglect or default complained of, or in case of a continuance of damage or injury within three months next after the ceasing thereof.
4.Section18 of the Limitation Edict No.16 of 1988 of Plateau State of Nigeria (each State has its own Limitation Law), limits actions founded on contract, tort or other actions not specifically provided for in parts 1 and 11 of the Edict to five years from the date on which the cause of action accrued. It applies to situations where damages are claimed by anyone for negligence, nuisance or breach of duty and includes damages in respect of personal injuries.
5.We advise that when Medical Personnel in a public hospital are involved in a suspected case of medical negligence, it is wiser to commence the process of filing a Court/Tribunal case against the affected Medical Personnel. A simple written complaint within the said three months to the Medical and Dental Practitioners Council or Investigating Panel is sufficient if the option to be taken against the erring Medical Personnel is mere discipline by the said Council. On the other hand if the option chosen is a day in Court, then proceedings must be filed in Court within three months.
6.When however the Medical Personnel is not a public officer or she/he is/are medical personnel working in a private health care centre, some time may be exhausted trying to settle the matter, but such time should not exceed five years from the date the alleged negligent act was committed.
7.After a complaint to the said Council or a Court case is filed then the Patient can engage with the affected medical personnel in discussing out of court settlements, listen to promises or anyone before making his/her mind as to whether to proceed with the complaint or not.
8.While we sympathize with Mr. Falodun for what happened to him, and for living without a remedy, we hope his sad experience is a lesson for us all. Take an action first within time, and thereafter listen to calls for an out of court settlement. If not satisfied with settlement talks then continue with the action earlier initiated.
9.It is a pity that the said Dr. Odukoya got away with her error and the Lagos Island General Hospital (public hospital) Management also escaped paying damages to Mr. Falodun.
10.There is still a matter pending before the Medical and Dental Practitioners Tribuanl in which our President (Martin Omohwo Esq.) appeared (watching brief) for a Complainant. Before the trial would commence the defendant Doctor approached the Complainant for an out of Tribunal settlement. Complainant had been shot by armed robbers and was not properly taken care of by the Defendant. He failed to even order for an x-ray to see and thereafter remove the bullets. Complainant’s leg was subsequently amputated as a result in another hospital. The Complainant has now called our President to say that the matter has been amicably settled and that it should be withdrawn.
11. We encourage such out of Court/Tribunal settlements.

10/07/2015

Sadora Solomon made a comment/question as follows: “medical negligence especially in Nigerian Universities has to stop. It is endemic…HMO’S appear to have control of health care delivery and put profit before the well being of patients?
We have adopted the story Sadora referred to as it appears on the Benson Idahosa University page as follows:
STUDENTS ACCOUNT:
This is the story of how Mr. Yves Justin Nnamdi Ukwu died on the 26th of May, 2015. Mr. Yves Ukwu a 200 level undergraduate student of international studies and diplomacy at the Benson Idahosa University, Benin, at the Medical Center of the institution.

On 6th May, 2015 - People cheering in different parts of the world, not for any other reason apart from the match being played between the two greatest team on the planet, FC Barcelona and Bayern Munich FC...But this was not the case in the Benson Idahosa University as one of their students slumped and collapsed while watching the same match.
Students from different corners of the viewing centre started bringing up suggestions, "help him get up", one said. Another shouted, "Call for the school clinic's ambulance as we might not make it over there if we carry him ourselves". Dialing competition began to the phone lines of the school clinic to request for an ambulance. After waiting for about 8-10minutes without seeing signs of any ambulance even though the clinic was in close proximity, the students chose to find another means of conveying their unconscious friend to the clinic. On getting to the clinic, the nurses on duty refused to attend to the unconscious student because his clinic card couldn't be produced, and the nurses totally refused until his clinic card was produced after a very long time. He was checked and showed no vital signs. I mean, after wasting so much time initially at the clinic with the nurses refusing to check him, the poor boy died. After a few days of student protests, order was restore to the campus with the V.C releasing a press statement to exonerate the school clinic in some way.
Three days prior to his death, Mr. Justin reported to the school clinic because he was sick. He was admitted without any medical examination being conducted, drips were administered and he was forgotten on his bed as the medical personnel on duty chose to ignore him, with his ailment left undiagnosed. On the fateful day, the negligent nurse on duty strolled to where Mr. Justin's bed was and saw him, almost lifeless, and that was when she regained the common sense that had eluded her before. Mr. Justin was rushed to the school's apex hospital but it was too late, after a while, he was pronounced dead. His death could have been avoided if proper examinations had been conducted and followed up by the entire medical team of the school clinic. In addition to the negligence, it was gathered that the nurses were even rude to friends who tried to visit the deceased while he was on sick bed.

THE ACCOUNT FROM JUSTIN'S MOTHER
“My son, Yves Justin Nnamdi Ukwu died on the 26th of may, 2015. He was a 200 level undergraduate student of international studies and diplomacy at the Benson Idahosa University, Benin, at the Health Plus Medical Center of the institution.
He was admitted at the medical centre on Sunday, May 24th, 2015, drips administered, no food given despite pleas from his school friends for food and further treatment/attention for him. His last words to me were ‘Okay, Good night, I’m very tired now, at 21:20pm on Monday May 25th, 2015.
On Tuesday, May 26th, 2015 at 9:12am a phone call was placed to me from 08188781415 informing me that my son was being moved from the school Medical Center to their affiliated specialist Clinic, Faith Mediplex, to receive blood transfusion and would be discharged that evening. I was assured that his condition was not serious and then proceeded to give his medical history of malaria spleen.
Unfortunately, from 12:17pm that day, I started receiving calls from Dr. Idahosa of Faith Mediplex, Benin, she said that my son’s condition was serious. I arrived Benin at 17:17hrs from Port Harcourt, traced Faith Mediplex and left unattended for over 30minutes. After much insistence on my part, I was eventually informed that my son had died of a sickle cell crisis at 2:15pm on that day, May 26, 2015. How can this have happened when my son was NOT a sickle cell patient? My genotype is AS while his father is AA.

QUESTIONS
1) Why was my son, Justin, kept on drips without food for his entire stay in the school medical centre despite the pleas of his friends?
2) The minimum PVC level required for blood transfusion in a human being is 45, why was Justin Ukwu still left unattended to when his PVC level dropped to 27?
3) Why was no call put through to his next of kin throughout his ill health till 9:12am on 26/05/2015 when he was dying AND even then, the true state of his health NOT divulged?
4) Why was he denied proper medical attention? Even if he was a sickler, was the treatment given to him the right treatment for someone in that condition? Starvation, abandonment, verbal and physical abuse are definitely NOT integral parts in managing any illness.
5) Why is there such a concerted attempt to distort/deny that such an act of criminal negligence occurred from the primary care givers, the Marina Consultants (HMO) and the Benson Idahosa University, Benin which has a Chief Medical Director and whose parent body runs a specialist clinic, Faith Mediplex, which has surgeons, nurses and other medical staff who could have been seconded to the University Medical Centre.
My questions must be answered and until they are, I will continue to fight for justice for my beloved, caring, gentle son, Yves Justin Nnamdi Ineye Ukwu”.

PRSF COMMENTS:
1. We agree that medical negligence in all Nigerian university health care centres (clinics, hospitals e.t.c) has to stop. Indeed our position is that medical negligence in all health care centres in Nigeria has to stop.
2. The above story of what happened to Mr. Yves Justin Ukwu is very pathetic as well as troubling. Questions agitate minds of anyone who hears the story. Why are things the way they are? For how long would things continue the way they have been? Is there any guarantee that it would not happen again and again?
3. Tensions normally rise with people saying so many unprintable things out of anger when unfortunate events such as this happens, but the more sensible approach still remains approaching the school and hospital authorities with a complaint/petition (through the Students Union executives, or by the parents of the deceased) setting out concisely grievances over the way the deceased was mishandled. It is advisable to go through the Student’s Unions Government or parents legal representatives (particularly considering the seriousness of the matter) who would write and follow up the complaint/ petition.
4. Thereafter if the issue is not properly handled by the authorities e.g queries issued, staff called to answer queries, dismissals, profuse apologies, panel being set up to investigate e.t.c. then it may become necessary to through the Student’s Unions Government or parents legal representatives complain to the Medical and Dental Practitioners Council, the Civil Courts or to the Police (if it is suspected that the deceased was murdered or that his death was actuated by criminal negligence).
5. We recommend that all Student Union Governments across the Higher Institutions retain the services of Law Firms to handle matters such as this on their/affected student’s behalf.
6. If the account that “the nurses on duty refused to attend to the unconscious student because his clinic card couldn't be produced, and the nurses totally refused until his clinic card was produced after a very long time” is true and such conduct is displayed today with the operation of the National Health Act 2014, the said nurses would be subject of serious disciplinary measures. Section 20(1) of the NHA creates a duty for Health Care Providers e.t.c. It says ”A health care provider, health worker or health establishment shall not refuse a person emergency medical treatment for any reason”. Thus even when a patient in need of emergency treatment does not have a hospital/clinic card she/he is entitled to treatment first.
7. The said Law makes provisions for punishment as follows: “A person who contravenes this section commits an offence and is liable on conviction to a fine of N100,000.00 or to imprisonment for a period not exceeding six months or to both”.
8. If on the other hand questions raised by Justin’s mother are not properly answered by the hospital authorities then the hospital and/or its Medical Personnel have a case to answer. Lawyers ought to be briefed to follow the laid down procedure in obtaining justice.
9. As we have stated here earlier if the medical staff are not available or are delayed, the handlers (students) should rush the patient to any other nearest health care centre where medical staff are on ground.
10. As for the allegation that the students waited for’ about 8-10minutes without seeing signs of any ambulance’ we recommend that Student’s Union Government should ensure that the health care centre located within their Institution at all times has and maintain at least one very functional ambulance which can be deployed in case of any emergency.
11. Medical negligence by any qualified health care personnel on any student is normally treated as it would be treated if any other citizen is affected. Such personnel are subject to discipline by the hospital authority, the Medical and Dental Practitioners Disciplinary Tribunal (MDPDT) or the civil or criminal Courts.
12. It is true as suggested by Sadora Solomon that “HMO’S appear to have control of health care delivery and put profit before the well being of patients”. Health Management Organisazions most times look out for profits, but it really should not be business as usual. They should be held vicariously liable for the negligence of health providers or health workers. It is however up to Patients or their relations/next of kin to make them sit up to their responsibilities by being pro-active and taking up cases/actions against them alongside the health providers and health workers.
13. Medical negligence has to stop but we all have a role to play first to assist in initiating medical treatment, and in our own way in ensuring that when the Medical Personnel take control of a patient they do their very best to attend to him/her, and if they appear to the professional Brethren of God repute and competency (MDPDT Investigating Panel/Tribunal), or the Civil or Criminal Courts to have seriously erred they would be disciplined/ sanctioned as provided by law.
14. We sincerely empathize with the parents/relatives/friends of Mr. Justin Yves Ukwu. It’s our earnest prayer and desire that that would be the last time a student would pass on under such circumstances.

25/06/2015

Barr. Nanfa Delleng in his comment in relation to our posts has asked two questions:
“What is your Foundation about and does it allow for membership?”
a. What is your foundation about?
The main aims and objectives of PRSF as contained in its Constitution are as follows:

1. To canvas for and maintain medical excellence in hospitals.
2. To canvas for reduction and of possible elimination of medical negligence in hospitals.
3. To cater for the welfare of member of indigent patients.
4. To liaise with local, national and international N.G.O’s with similar and aims and objectives for the purpose of advancing the course of the foundation.
5. To galvanize support for quality and affordable health care of the teaming Nigerians with various health challenges.
6. To enlighten hospital staff to show love and care to patients.
7. To help the less privileged Patients whose medical rights have been infringed”.

Accordingly we have set out projects some of which we have started carrying out. We have earlier stated them, they include the following:

1. Organizing Seminars/workshops and other Training programmes on the rights/duties/liabilities of Medical Personnel and of Patients.
2. Er****on of billboards in strategic positions in as many health care centers and across all the cities in Nigeria spelling out major rights of Patients/ Medical Personnel.
3. Radio/Tv programmes and jingles, Newspaper columns/adverts.

4. Publishing Medico-legal Journals and books on Patients rights.

5. Publishing low cost Medical Law Reports and compiling medical laws (local and foreign) for easy reference.
6. Handling of Court/MDPDT matters on pro bono basis.
7. Seasonal gifts to Patients.

8. Assisting indigent Patients with hospital bills.
9. Hospital visitation (especially emergency wards).

10. Bill on Patients Rights (to be presented before the N.H.A).

b. Does it allow for membership?

Yes it does allow for membership. We already have some members. We have 10 (ten) Units made up of the Administration, Counseling, Complaints, Enlightenment/Publicity, Service and Visitation, Legal, Resource, Accounts, Distribution and HIV/Aids Units. These Units are headed by members and we still need more members to participate in some of the said Units.
Our Constitution provides that “Membership of this FOUNDATION is open to all people of different tribes, races and religions who are ready to abide by its principles and vision. Membership shall cut across international boundaries”.
For now we have commenced a process whereby we encourage as many as are interested to become first a Partner. Partners are encouraged to contribute a token of a minimum sum of N1,000.00 (one thousand naira) monthly through the Foundation’s account.

Partners would always be informed of any project their funds are being put into or would be put into at the end of every month. Partnership forms can be obtained on request or from the Foundation’s head office in Jos.

We meet with our Partners at least twice a year to give progress reports and strategize on how best to achieve more results to achieve our aims and objectives.

The Board of Trustees shall at the end of every year after a Board meeting appoints more eligible members from our body of Partners.

25/06/2015

Medical Negligence in Nigeria: when Hospitals kill, by Temitayo Olofinlua, Radiant Health magazine.

On October 9 2012 Lanre Amoo Onidundu was shot in the leg by daredevil armed robbers who attacked him as he stepped out of a bank in the Ilupeju Area of Lagos. They made away with 2.6 million naira that he had gone to cash for the organization he worked with. Fortunately some bystanders who had initially fled during the attack returned and rushed him to Gbagada Hospital. At the hospital he was told that there was no free bed so he was admitted to the bare floor of the emergency section of the said Government hospital. He lay for hours bleeding without receiving any treatment not even basic first aid. After some hours a Doctor finally examined him there in the emergency room.

The Doctor felt the area around the gunshot wound to see if there were any bullet fragments in the leg, he then gave him an injection to relieve his pain and lacking any proper dressing wrapped the wounded leg with brown carton paper. That was all. The bullet was eventually extracted which was lodged in his thigh slightly above the knee and sewed him up. The medical staff did not examine his injury with a C.T scan or imaging technology to verify the extent of the damage or what to fix. He remained at the hospital for days receiving no treatment other than the daily dressing of his gunshot wound. The condition of his leg deteriorated.

Finally 16 days after he was admitted that is, on the 25th October his relatives moved him to a private hospital in Abule- Egba in Lagos. Here a C.T scan confirmed that the bullet had pierced his right thigh just above the knee. It had also broken the thigh bone and severed the main femoral artery cutting off the blood supply to the lower part of the leg. The Doctors at the General hospital would have seen this had they ordered a C.T scan. But now it was too late. The blood supply to the lower part of the leg had been cut off for too long causing tissue death. The wound was also infected so the leg had to be amputated before the infection would spread to other parts of the body. That was how Lanre Amoo Onidundu lost that leg.

PRSF COMMENTS:
Our President (PRSF) had an encounter sometime last month in a hospital in Jos. He took a friend’s son who had an emergency: advanced pile (bleeding from a**s) to a private hospital (can’t mention the name here) there was only one Doctor on duty. They waited for over one hour and when medical attention was not forth coming he had to rush him to another hospital where he was promptly treated before something unpleasant would happen.
We observe as follows:
1. That many Health Care Centers (especially Government hospitals) are understaffed leading to the few Doctors on duty being overwhelmed by the large population of Patients.
2. Some Medical Personnel are not ‘patriotic’ to their calling and so are largely dissatisfied, accordingly they act with snail speed or indifference in face of emergencies. We recommend a change in attitude of our Medical Personnel.
3. Patients appear not to be taking sufficient steps to make medical personnel sit up and attend to their duties as they should.
4. Lanre Amoo Onidundu appears not have taken the matter up with a complaint to the medical authorities (Council inclusive) or court case, most Patients often do nothing.
5. Health Care Centers (especially Government hospitals) appear not to have efficient monitoring personnel in place to ensure that their staff are punctual, dedicated, smart, courteous e.t.c. We recommend this (Health Care Centers to have efficient monitoring personnel).
6. Most Patients or their handlers (relations, friends, or anyone who takes a sick/injured person to a health care center) seem to prefer to stay put in a health care center for an undue long time even when medical help in emergencies is not forth coming. We advice that they should learn to relocate to other hospitals on time (especially from Government to reputable private hospitals) if help in a particular health centre is delayed unnecessarily. Section 20 (1) of the National Health Act 2014 says that “a health provider, health worker or health establishment shall not refuse a person emergency treatment for any reason” but unfortunately does not give a time frame within which such a person must be attended to.