Patients Rights Support Foundation

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.

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.

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

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.