Healthcare is not just a service — it is a right. This edition of Legal Matters focused on how Nigerian law protects patients and what remedies are available when those rights are violated.
⚖️ Legal Framework for Patients’ Rights
Several laws guarantee patients’ rights, including:
1999 Constitution: Right to life (S.33), dignity (S.34), privacy (S.37), and freedom from discrimination (S.42).
National Health Act (2014): Mandates emergency treatment (S.20), confidentiality (S.26), informed consent (S.23), access to records (S.25), and complaint procedures (S.29).
Consumer Protection Act (2019): Guarantees safe, quality healthcare and access to redress.
Medical and Dental Practitioners Act: Provides for professional discipline in cases of negligence or misconduct.
🩺 Common Rights Violations
Denial of emergency care: Patients turned away for lack of money or police reports, which courts have condemned.
Negligent or degrading treatment: Cases of surgical errors, neglect, or patients left unattended.
Breach of confidentiality: Disclosure of private health conditions like HIV without consent.
Lack of informed consent: Performing medical procedures without patient approval.
Discrimination: Denying care based on ethnicity, disability, or health status.
⚠️ Real-Life Scenarios
A patient dies after being refused treatment without upfront payment — a breach of the right to life and the National Health Act.
A woman’s medical condition (HIV) is disclosed without consent, violating her right to privacy.
A surgical procedure is carried out without informing the patient, breaching informed consent requirements.
🛡️ Remedies Available
Patients or families can:
File civil suits for negligence or breach of rights.
Petition regulatory bodies like the Medical and Dental Council.
Approach the FCCPC for consumer rights enforcement.
Use the Fundamental Rights Enforcement Procedure in court.
✅ Final Takeaway
The episode stressed that patients must know their rights to demand quality care. Legal protections exist — from emergency treatment to privacy and informed consent — but enforcement depends on awareness and accountability.