*URGENT: MEDICAL NEGLIGENCE CRISIS DEMANDS IMMEDIATE OVERHAUL OF NIGERIA’S HEALTH REGULATORY FRAMEWORK
As a medical negligence legal specialist, I must express grave concern about the recurring incidents of absolutely preventable deaths resulting from medical negligence by health practitioners across Nigeria. The recent tragic loss of Nkanu Nnamdi, one of the twin sons of renowned author Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege, has once again brought this critical national crisis to the forefront of public consciousness.
As my professional focus over the last 20 years has been medical malpractice, having been involved in over 50 cases, this unfortunate incident is yet another example of the unacceptable state of incompetence in some Nigerian hospitals. I am, quite honestly, not shocked that such a simple procedure at an acclaimed, reputable hospital has ended so terribly. Propofol, which was reportedly administered to Nkanu, requires exceptional care due to its potential for cardio-respiratory failure. An overdose can be fatal, and there appears to be a strong possibility of overdose in this case.
I commend the Lagos State Government for its prompt commitment to investigate this matter. I equally commend the hospital, Euracare, for agreeing to cooperate with investigators. However, I must emphasise that such investigations must be genuinely independent and transparent. I have witnessed instances where medical records are altered to avoid culpability.
This issue is deeply personal to me. I was misdiagnosed for an ailment that could have had serious consequences. My brother almost died due to an operation performed by a physician who presented himself as a surgeon. The cases of Peju Ugboma and numerous other Nigeriansβincluding a woman who lost both kidneys following negligent surgery; a mother who died from haemorrhagic shock after childbirth due to delayed response; a 12-year-old whose intestine reportedly went “missing” during treatment; a doctor who was imprisoned for improperly setting a fracture without X-ray; and an elderly woman who died after being mistakenly given a paralysing injection during a routine visitβdemonstrate the scale of this crisis. These are not isolated incidents but symptoms of a systemic crisis demanding urgent intervention. My practice currently has over 20 complaints on this issue and is actively handling 25 cases.
The fundamental problem underlying these tragedies is the complete failure of the legal and regulatory framework governing Nigeria’s health sector. In the old days, the healthcare system functioned under a robust supervisory structure. Chief Medical Officers and Health Inspectors were responsible for oversight of critical care, ensuring compliance with standards, and holding practitioners accountable. The last Chief Medical Officer of Nigeria was Dr. Samuel Layinka Manuwa.
Today, under the National Health Act and State Health Laws, this essential regulatory infrastructure no longer exists. Our health sector has become overcentralised under the Federal Minister of Health, causing states to become lax in oversight responsibilities. As a result, health facilities and medical practitioners operate with alarming impunity. There is no requirement for routine submission of reports, no systematic inspections, and no effective enforcement of professional standards.
Ministers of Health and Commissioners of Health have assumed roles that conflate policy-making with regulatory enforcementβa fundamental governance failure. There must be a clear separation of functions: Ministers and Commissioners should focus on policy development and strategic direction, whilst independent Health Inspectors and regulatory bodies must be empowered to enforce standards, conduct inspections, and ensure accountability.
I commiserate with all Nigerians who have been victims of medical negligence and with families who continue to suffer the devastating consequences of a broken healthcare regulatory system. The Chimamanda case has brought this national emergency further into public focus, but it represents only the visible tip of a much larger crisis affecting countless Nigerian families. I continue to speak out as loudly as I can that the state of medical care in Nigeria has reached a critical point, requiring emergency action.
I call for:
1. Immediate establishment of an independent Health Regulatory Authority with powers to inspect facilities, enforce standards, and sanction non-compliance;
2. Reinstitution of the Office of Chief Medical Officer at federal and state levels with clear enforcement mandates;
3. Mandatory registration and periodic inspection of all health facilities with transparent reporting requirements;
4. Independent investigation mechanisms with powers to access and preserve medical records, preventing tampering or alteration;
5. Clear separation between policy formulation and regulatory enforcement within the health sector governance structure;
6. Comprehensive legislative reform to update Nigeria’s health laws to reflect modern standards of care, accountability, and patient protection; and
The time for comprehensive overhaul of Nigeria’s health system is long overdue. We cannot continue to lose precious lives to preventable medical errors whilst the regulatory framework remains in shambles. This is a matter of national emergency that demands immediate legislative and executive action.
DR. OLISA AGBAKOBA SAN
SENIOR PARTNER & HEAD MEDICAL MALPRACTICE
OLISA AGBAKOBA LEGAL
