By Asaye Bankole
The Nigerian Association of Resident Doctors (NARD) has rejected a proposed amendment to the National Health Act seeking to impose a six-month prison sentence or a fine of up to ₦300,000 on healthcare professionals and medical facilities over delays in providing emergency treatment.
The association described the proposed legislation as punitive, arguing that it seeks to criminalise medical practitioners for failures arising from a healthcare system that successive governments have allegedly failed to adequately fund, equip and staff.
The bill, which has reportedly passed its second reading in the Senate, seeks to introduce mandatory timelines for emergency medical treatment and referrals in hospitals across the country.
In a statement made available to journalists on Friday in Calabar, NARD acknowledged the importance of prompt emergency medical attention but maintained that doctors should not be punished for institutional and infrastructural deficiencies beyond their control.
The statement was signed by the association’s President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy.
According to the association, healthcare professionals across Nigeria continue to work under extremely challenging conditions while attempting to save lives in hospitals struggling with obsolete medical equipment, inadequate personnel, unreliable electricity supply, insufficient emergency supplies and deteriorating infrastructure.
NARD maintained that it was unfair to hold doctors criminally responsible for the consequences of a healthcare system that had suffered years of inadequate investment and institutional neglect.
It argued that many delays in emergency medical treatment were not necessarily caused by professional negligence but were often linked to longstanding deficiencies in healthcare facilities and the wider medical system.
The association also expressed concern that lawmakers were considering tougher penalties against frontline healthcare workers while Nigeria continued to fall short of its commitment under the Abuja Declaration to allocate at least 15 per cent of its annual budget to the health sector.
NARD challenged the National Assembly to demonstrate similar legislative commitment towards improving healthcare funding, providing functional emergency departments, modern diagnostic equipment, uninterrupted electricity, reliable ambulance services and adequate medical personnel.
Emphasising the difficulties faced by healthcare workers, the association said legislation alone could not provide essential medical resources where they were unavailable.
It stated that doctors could not be expected to deliver effective emergency services without oxygen supplies, functional operating theatres, adequate medical equipment and properly equipped hospitals.
The association further called on lawmakers to subject themselves to the same standards of accountability they intend to impose on medical professionals.
It suggested that if imprisonment was considered an appropriate punishment for failures within the healthcare system, legislators should also consider laws compelling public officeholders to seek medical treatment in Nigerian government hospitals.
NARD added that appropriate sanctions should also be considered for the misuse of public resources on avoidable overseas medical treatment.
The doctors warned that introducing additional criminal penalties against already overstretched healthcare professionals could worsen the country’s growing shortage of skilled medical personnel.
According to the association, Nigeria is already battling an increasing migration of doctors and nurses to foreign countries in search of better working conditions, improved remuneration and more favourable professional environments.
It cautioned that creating a more hostile and punitive working atmosphere could accelerate the trend, popularly known as the japa syndrome, and further weaken the country’s healthcare delivery system.
Although NARD acknowledged that the proposed bill reportedly contains provisions recognising resource limitations and circumstances beyond the control of healthcare practitioners, it insisted that such safeguards must be clearly defined, comprehensive and enforceable.
The association maintained that medical professionals should not face criminal prosecution for institutional failures, unavailable equipment, inadequate staffing or other circumstances beyond their reasonable control.
Meanwhile, the proposed amendment seeks to strengthen emergency medical treatment standards and compel healthcare facilities to respond promptly to patients requiring urgent attention.
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.
The bill, sponsored by Senator Abdulaziz Yar’Adua, seeks to amend the National Health Act, 2014, with the objective of improving emergency medical services and reducing preventable deaths resulting from delays in treatment.
However, NARD’s opposition highlights the need to balance accountability for medical negligence with the urgent requirement to address inadequate funding, infrastructure and staffing challenges confronting Nigeria’s healthcare sector.
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