By Laolu Elijah, Ibadan

A retired justice of the Court of Appeal, Justice Peter Ige, yesterday called on medical practitioners in the country to take cognisance of the rule that guides their profession before embarking on a strike.

He made the call while presenting a paper at the Ibadan Bar 70th anniversary and Owolabi Afuye memorial lecture/2024 Law week of the Nigerian Bar Association, Ibadan branch at Aare Afe Babalola Bar Centre, Ibadan.

Speaking on the topic, “Medical Malpractices and Negligence: Law to the Rescue,” and quoting Rule 45 of the Code of Medical Ethics, he wondered if doctors and other medical practitioners take cognisance of this law before going on strike.

Alluding to the relevant provision of the law, he said, “The doctor should not relinquish the management of a patient to the detriment of the patient. When he has reason for doing so on grounds of honour or self-respect, he should hand over the patient properly to another medical practitioner for further management.”

“If the patient insists upon an unjust or immoral course in the process of his treatment, or if he deliberately disregards an agreement or obligation as to fees or expenses, the doctor may be warranted in withdrawing on due notice to the patient, allowing him time to employ another doctor. Other instances as they arise may justify withdrawal”. 

“It would be permissible for a doctor to withdraw his services (“industrial action or strike”) in pursuit of his rights under the Labour Laws of the Federal Republic of Nigeria, provided that any doctor wishing to take that course of action must have made satisfactory arrangements for the continuing care of his patients and must have given adequate notice of his intention to these patients and to the hospital authorities.”

“In embarking on withdrawal of services under any circumstance, a doctor must conduct himself in such a manner as to avoid suffering and loss of life for the helpless patients, such as children and accident victims, who had not in any way contributed to the dissatisfaction that has made the withdrawal of service necessary. Upon withdrawing from the management of a case after a fee has been paid, the doctor should refund such part of the fee as has not been clearly earned.”

 The retired justice then wondered “whether the doctors are following the crucial conditions included in the above rule because whenever there is a strike, the entire or most of the government hospitals are deserted, and patients and their families would be constrained to take them to private healthcare for treatment.”. 

“The doctor must be circumspect and be properly guided by the ethics of the profession and operate within the confines of what the law permits. I believe that the constitution of the Federal Republic of Nigeria, 1999, as amended.

“It is also correct to state that all the various legislations put in place have manifestly put medical malpractice and negligence on the decline,” he said.

Among the dignitaries that attended the ceremony were the Attorney General and Minister of Justice, Prince Lateef Fagbemi SAN; former President of Nigeria Bar Association, Chief Wole Olanipekun SAN; Chief Folake Solanke (SAN), first female Senior Advocate of Nigeria; Chief Afe Babalola, who was represented by Chief Adebayo Adenipekun, retired Supreme Court Justice; Justice Aboki; and Chief Niyi Akintola (SAN), among others.