Sunday Ehigiator
The Medical and Dental Practitioners Investigation Panel has discovered no prima facie case of skilled misconduct towards 5 medical doctors linked to the loss of life of Mrs Lovelyn Akudo John at Gynescope Specialist Hospital, whereas referring one other practitioner, Dr Joseph Aliyu Yahaya, to the Medical and Dental Practitioners Disciplinary Tribunal.
The growth was contained in a current communication, which outlined the Panel’s findings following its consideration of complaints arising from the circumstances surrounding John’s loss of life.
According to the communication, the 5 medical doctors towards whom no prima facie case was established are Professor Jude Ehiabhi Okohue, Dr Adeyi Taiwo Olugbenga, Dr Chukwuebuka Igbokwe, Dr Olawale Enigbokan and Dr Owoseni Taiwo.
Professor Okohue, the proprietor of Gynescope Specialist Hospital, was particularly thought of by the Panel however was not referred to the Disciplinary Tribunal.
However, the Panel referred Dr Yahaya, who was concerned within the administration of the deceased affected person, to the Tribunal after its preliminary evaluation of the allegations towards him.
The referral represents a separate regulatory end result and doesn’t quantity to a conviction or a remaining willpower of skilled negligence.
It means the allegations towards Dr Yahaya will proceed to the suitable disciplinary stage for additional examination and willpower in accordance with the relevant procedures.
The distinction between the practitioners’ respective outcomes comes amid public debate over the circumstances surrounding John’s loss of life and the medical care she obtained.
The controversy has additionally drawn consideration to the necessity to distinguish preliminary regulatory findings from remaining choices on skilled misconduct or negligence.
The Panel’s choice not to refer the 5 medical doctors signifies that it didn’t set up a adequate foundation for disciplinary referral towards them at that stage. It doesn’t, nonetheless, represent a judicial willpower resolving each attainable query of legal responsibility in different proceedings.
Similarly, Dr Yahaya’s referral doesn’t set up that the allegations towards him have been proved, as he stays entitled to current his defence earlier than the Tribunal.
The case can be earlier than the Lagos State Coroner’s Court, the place an inquest is ongoing to study the circumstances surrounding John’s loss of life.
The end result of the Panel’s preliminary evaluation doesn’t, by itself, set up that Gynescope Specialist Hospital has been discovered legally liable or absolved of each attainable declare. Questions regarding institutional legal responsibility are distinct from the disciplinary proceedings towards particular person practitioners and have to be thought of on the related proof and relevant legislation.
Likewise, the willpower of the medical trigger of loss of life doesn’t robotically set up negligence. Any such conclusion would require an evaluation of the relevant skilled requirements, the therapy supplied, the medical proof and whether or not an alleged breach prompted or materially contributed to the loss of life.
The ongoing inquest is anticipated to present a discussion board for inspecting related proof and addressing excellent questions surrounding the circumstances of the incident.
The developments have additionally renewed requires the Panel’s findings to be reported of their entirety, reasonably than focusing solely on the referral of one practitioner whereas overlooking the end result in regards to the different medical doctors.
The deceased’s household is entitled to search solutions and pursue accountability by way of lawful channels, whereas the practitioners involved are entitled to truthful consideration of the allegations towards them.
The disciplinary course of and coroner’s inquest stay distinct proceedings, and their respective outcomes can be decided by way of the relevant procedures.
