No money, no treatment: How in advance deposits in Nigerian hospitals lives by Daniel Okonkwo
The tragic case of Kemi, a pregnant woman who lost her life after refusing treatment due to her inability to pay a deposit of 500,000, emphasizes the devastating effects of such policy. The requirement of pre -deposits for medical treatment at hospitals in Nigeria has become a profound and potentially deadly practice, especially in emergencies. The tragic case of Kemi, a pregnant woman who lost her life after refusing treatment due to her inability to pay a deposit of 500,000, emphasizes the devastating effects of such policy. This article examines the legal, ethical and regulatory issues regarding the requirements of hospital deposits, asks urgent reforms and discusses the role of the Ministry of Health and International Human Rights Organizations in addressing this systemic problem. The Nigerian Constitution guarantees the right to life under Article 33, which includes the right to receive adequate medical care in times of need. The practice of requiring deposit payments before being dealt with, especially in life-threatening situations, is a violation of this constitutional right. Hospitals, both public and private, are legally obliged to provide emergency care without delay or conditions. The Consumer Protection Act of 1986 gives patients the right to obtain correction by consumer courts if they suffer damage as a result of the negligence or unethical practices of healthcare providers. To determine negligence, it must be proven that the actions of the healthcare provider did the patient directly harm. Healthcare providers are expected to exercise a reasonable standard of care, and failure to do so can lead to legal consequences, including civil liability. If the negligence is serious enough to demonstrate a reckless disregard for lives and safety, criminal charges, such as manslaughter, can be brought against the responsible parties. In the case of Kemi’s death, the refusal of medical treatment until the deposit is paid can be considered medical negligence. The failure of the hospital to act immediately led to a fatal delay, and the family has the legal right to ask for compensation for their loss under the principles of negligence and wrongful death. Furthermore, the Medical and Dental Council of Nigeria (MDCN), which regulates the practice of medicine in Nigeria, has the authority to draw up sanctions, including suspension or recall of medical licenses, due to violations of professional behavior. However, there are concerns about the effectiveness of these regulations to prevent such tragedies from being repeated. Healthcare providers have an ethical duty to prioritize the well -being of their patients, especially in emergencies. The Hippocratic oath requires doctors to ‘do no harm’ and to care for patients, regardless of their ability to pay. The requirement of a preceding deposit before providing emergency care is in direct contradiction with these ethical principles. In Kemi’s case, the refusal to provide treatment until payment is made shows a clear disregard for the ethical obligation to take care of the patient and the legal duty to act in emergencies. The man of the deceased, Akinbobola Folajimi, pleaded with the hospital staff to start the treatment immediately, but his request was rejected. Instead, he was told to raise the deposit before any steps could be taken. The heartbreaking result of this delay was Kemi’s death. This practice not only undermines the ethics of medical care, but also exacerbates the vulnerability of families who are already experiencing great emotional and financial tension during emergencies. In terms of Nigerian legislation, patients can be corrected for medical negligence by the Consumer Protection Act of 1986 and other legal ways. Negligence claims must demonstrate that the failure of the healthcare provider to give a reasonable standard of care has directly damaged the patient. In Kemi’s case, the refusal of the hospital to treat her unless the deposit is paid, a failure to act in accordance with the standard of care required in an emergency. The law provides for compensation for the physical damage, pain and suffering and economic losses caused by negligence. If the actions or omissions of a healthcare provider are very negligent, it can be held liable for damages. Furthermore, in extreme cases where negligence shows a blatant disregard for human life, criminal charges such as homicide can be brought against the responsible individuals or institutions. The Ministry of Health and the Medical and Dental Council of Nigeria (MDCN) must immediately take steps to investigate such practices and ensure that hospitals comply with the ethical and legal standards of care. If you do not, the vulnerability of patients who are already at the mercy of a fragile health care system will continue to exist. The tragic death of Kemi underlines the urgent need for reform in Nigeria’s healthcare system, especially with regard to practice to require pre -emergency medical care deposits. Various actions are needed: Nigerian laws must be reviewed to prohibit hospitals from requiring deposits before providing emergency treatment. Clear legislation must be enacted to protect the rights of patients to life -saving care without financial conditions. Healthcare providers should be reminded of their ethical obligations to provide quickly care, especially in emergency situations. Ethical training should be compulsory for all healthcare professionals to ensure that the welfare of patients is prioritized. The regulatory bodies, such as the Medical and Dental Council of Nigeria (MDCN), must enforce strict fines for hospitals and convict health care providers of negligence. These fines should include suspension, recall of licenses, and, where appropriate, criminal charges for reckless disregard for patient safety. Public awareness campaigns must be launched to educate Nigerians about their rights within the healthcare system. Patients should be informed about how to obtain legal correction if they are cared for or are caused by negligence. International human rights organizations must lend their votes to these reforms. As advocates for fair access to healthcare, they can support efforts to bring about changes in Nigerian healthcare laws and practices to prevent such preventable deaths. The loss of Kemi due to the insistence of the hospital on a 500,000 deposit highlights the systemic issues within Nigeria’s healthcare system, especially in private hospitals. No patient may face a life -threatening situation to be turned away due to the inability to pay. It is imperative that the Nigerian government act quickly by the Ministry of Health and Regulatory bodies to ensure that emergency care is provided immediately, regardless of financial restrictions. The tragic ordeal that Kemi and her family suffered should catalyze change, causing a movement to a healthcare system that maintains the principles of justice, equity and compassion. As international human rights lawyers have constantly emphasized, access to healthcare is a fundamental human right. No person should be denied medical treatment due to financial barriers, especially not in life or death situations. It is time for Nigeria to implement the legal and ethical reforms needed to prevent such heartbreaking events from occurring again. Daniel Okonkwo is the founder of Profiles International, an advocate for human rights, journalist and professional writer who is committed to promoting fair access to healthcare in Nigeria.