Koyejo & Co, Solicitors of Supreme Court, writes to OAUTHC
The Law firm Koyejo & Co representing Senior Staff Association of Universities Teaching Hospitals Research Institutes and Associated Institutions (SSAUTHRlAl of Nigeria and Nurses & Midwives (NANNM) OAUTHC Branch Ile-ife, issued and stamped a legal writing to OAUTHC.
The Acting Chief Medical Director,
Obafemi Awolowo University,
Teaching Hospital Complex,
Ile-lfe, Osun state,
20 June 2022
1. CASE OF MALICIOUS BREACH OF MEDICAL PRACTICE & PROCEDURE WHICH CULMINATED INTO NURSE AND PHYSICIAN CRISIS AT OAUTHC ILE-IFE.
2. OBJECTION AGAINST THE:. CONSTITUTION OF PANEL OF INQUIRY IN THE NURSE/ PHYSICIAN FACEOFF.
The above Subject matter referred.
We are the Solicitor to Senior Staff Association of Universities Teaching Hospitals Research Institutes and Associated Institutions (SSAUTHRlAl of Nigeria and Nurses & Midwives (NANNM) OAUTHC Branch Ile-ife both Associations are hereinafter referred to as our clients and on their behalf of their member Stella Oluyede we write your good offices.
Our clients reliably informed us that on 161b day Of June. 2022 at Female Adult’ Oarthpaethic ward. that two Medical Practitioners namely: Dr(Miss) Bello and Dr Ekpenyong both came to ward to perform a Medical Procedure known as Central Line and it is Invasive Procedure. Our Clients made us to understand invasive procedure usually leads to open up Of patient’s body and involves flow Of blood. The said Medical procedure conducted by the aforementioned physicians generated medical wastes.
As expected, and in compliance with international Medical practice, the physicians named herein maliciously refused and neglected to dispose the medical wastes generated in the course of the invasive procedure. Our Clients further informed us that the only staff nurse on duty known and called Miss Stella Aderonke Oluyede immediately called the attention of the two physicians to the medical negligence with the aim that they will do the needful. But surprisingly, the physicians bluntly refused to clear the wastes generated by them.
To safeguard the situation and considering the disaster that may erupt from the medical negligence perpetrated by the two Physicians, the staff nurse closed the door with the intention to safeguard her own life and others who are prone to the disaster that may occur as a result of the medical negligence committed by the two physicians.
Extant Law, Rules and Regulations on Medical Waste Disposal
The extant law on disposal of medical waste is that it the exclusive responsibility of the generator to dispose such waste. This is the Federal and State guidelines for Healthcare Waste Management of Nigeria.
Issue of Malicious Breach of Medical Practice, Procedure and Legal Duty of Care by Dr (Miss) Bello & Dr Ekpenyong
Medical Profession has rules of practice and procedure which must be fully complied with at all times for the safety of lives of all the stakeholders within the area of Medical exercise this must be done in the interest of public safety Section 1(2) of the Medical and Dental Practitioners Act (MPPA) provides that;
Doctors must be accountable to the public and patients in discharge of Medical practice and procedure. The MPPA recommends punishment for any doctor that breach such duty of care.public safety Section 1(2) of the Medical and Dental Practitioners Act (MPPA)
Sir, the question in this case is that whether the aforementioned Doctors have breached Section 1(2) of Medical and Dental Practitioners act and other environmental related laws? The simple answer is that prima facie they have breached the law. Therefore, the appropriate authority must punish them as
expressly provided by the law.
Reasonable Effort for Compliance By the Staff Nurse.
Sir, since it is a common knowledge that the act of the two physicians amount to serious risk of lives of the patients, their families and most especially the nurse and other health workers on duty, it is very fair and reasonable and by analogy the nurse has constitutional right of self-defense of her life which made her to immediately called the attention of the doctors to clear the waste they generated in
compliance with the ethics, practice and procedure of medical waste disposal.
And when they refused the Nurse closed the door to make sure they do the needful. But the actions of the two physicians that they were malicious as they flagrantly disregarded their medical duties and careless the safety.
Objection to the Constitution of the of Inquiry
We agreed that it is administratively right to set up a panel of inquiry whenever is a faceoff of this nature between professionals in an establishment like OAU. However our clients raising objections to the constitution of the panel• of inquiry especially the Chainman who is presumed and likely to be biased since the two medical practitioners are alleged for gross misconduct and infamous practice belong the same medical profession and equity and justice may served in such Situation. Our clients insist that they have no confidence in the constitution of the panel.
It is the demand of our clients that an independent. unbiased umpire especially chairman and members Of the panel be put in place to objectively and fairly decide the merit of the case.
BE INFORMED that should your offices refuse to do as fair as proper, our clients will not hesitate to invoke the full weight Of law against all persons and authorities that may want to sabotage the justice of this matter.
Therefore, we appreciate your used understanding and in anticipation of resolving the matter in accordance with the extant law of medical practice.
With Regards,Michael Koyejo Esq
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