The Nigerian Association of Resident Doctors (NARD) has kicked against a proposed law seeking to jail healthcare professionals for six months or fine them up to N300,000 for delaying emergency medical treatment.
The doctors described the proposed amendment to the National Health Act as punitive, accusing lawmakers of attempting to criminalise medical practitioners for failures caused by years of neglect of the country’s healthcare system.
The bill, which has reportedly passed its second reading in the Senate, seeks to introduce mandatory timelines for hospitals and healthcare providers handling emergency cases.
However, NARD insisted that doctors should not be punished for working in hospitals without adequate equipment, electricity, emergency supplies and sufficient personnel.
In a statement signed by its President, Dr Ogar Idoko, Secretary-General, Dr Besongngem Akotanchi, and Publicity and Social Secretary, Dr Ashimom Timothy, the association said it supported prompt emergency treatment but rejected legislation that failed to address the conditions under which medical professionals operate.
The doctors said healthcare workers across the country were struggling to save lives in hospitals plagued by obsolete equipment, inadequate staffing, unreliable electricity and deteriorating infrastructure.
According to the association, the challenges confronting emergency medical services are largely consequences of longstanding institutional neglect rather than professional negligence.
NARD also faulted lawmakers for prioritising criminal sanctions against frontline medical workers while the country continues to fall short of the 15 per cent health budget allocation target under the Abuja Declaration.
It challenged the National Assembly to demonstrate similar urgency in providing functional emergency departments, modern diagnostic equipment, uninterrupted electricity, reliable ambulance services and adequate medical personnel.
The association said, “You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital.”
NARD further called on lawmakers to subject themselves to the same accountability standards they were seeking to impose on healthcare professionals.
It argued that if imprisonment was considered an appropriate punishment for failures in the healthcare sector, legislators should first consider laws compelling public officeholders to receive medical treatment in Nigerian government hospitals, with sanctions for misuse of public funds on avoidable medical trips abroad.
The doctors also warned that imposing additional criminal penalties on already overstretched healthcare workers could worsen the country’s brain drain, popularly known as the japa syndrome.
According to NARD, Nigeria risks losing more doctors and nurses if the government creates an increasingly hostile and punitive working environment at a time when the country is struggling to retain skilled medical professionals.
Although the association acknowledged that the proposed amendment reportedly recognises resource limitations and circumstances beyond the control of healthcare practitioners, it insisted that such safeguards must be clearly stated and enforceable.
It maintained that no doctor should face criminal prosecution for institutional failures, unavailable equipment, inadequate staffing or circumstances beyond their reasonable control.
The proposed amendment, sponsored by Senator Abdulaziz Yar’Adua, seeks to amend the National Health Act, 2014.
Under the proposed provisions, hospitals would be required to assess emergency patients within 15 minutes of arrival, commence stabilisation within 30 minutes and complete referrals within three hours where necessary.
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