POSSIBLE VIOLATION OF PATIENT/CONSUMER RIGHTS UNDER FEDERAL COMPETITION & CONSUMER PROTECTION ACT, NATIONAL HEALTH ACT AND EXTANT LAWS IN PROVIDING EMERGENCY MEDICAL ATTENTION/URGENT CARE.

On December 2nd, 2019, Miss Moradeun Balogun was robbed at approximately 1900Hrs at Gbagada, Lagos. In the course of the robbery, she was stabbed in the neck.  She was assisted and transported to a nearby hospital for necessary and much needed medical intervention.

She did not receive treatment at the initial facility she was transported to. It is alleged, but disputed that the hospital specifically requested a police report in order to provide, or administer treatment.  The patient was further transferred to another facility within Gbagada where she ultimately died.

On December 4th, the Federal Competition and Consumer Protection Commission (FCCPC) opened an investigation to determine possible violation(s) of applicable standards under prevailing laws, codes or other instruments with respect to providing emergency intervention and urgent care including, but not limited to the Federal Competition & Consumer Protection Act (FCCPA), the National Health Act, the Patients’ Bill of Rights (PBoR), extant police or other law enforcement protocols, regulations, directives, guidelines or sundry enactments.

Considering the circumstances of this case, the magnitude & perennial nature of incessant and unfortunate losses in similar situations, as well as the continuing argument or lack of clarity/awareness of the position of the law on the subject, the Commission in furtherance of its mandate and powers will be holding a public inquiry/hearing in this case pursuant to Sections 18(4), 32 and 33 of FCCPA.

The purpose of the inquiry is to determine what, if any systemic failures exist that culminates in these losses; solutions to such failures; culpability or otherwise of any person(s) whether as a matter of conduct, or process and appropriate remedies; what apparatuses could have prevented loss in this or similar situations, and how to institutionalize such apparatuses.

The panel of inquiry is composed of the FCCPC, Federal Ministry of Health, Office of Inspector General of Police, Lagos State Ministry of Justice, Lagos State Ministry of Health, Nigerian Medical Association, Nigerian Bar Association and relevant Civil Society.

Venue: Lagos Chamber of Commerce and Industry Conference and Exhibition Centre, No. 10, Dr. Nurudeen Olowopopo Way, Alausa, Ikeja, Lagos

Date:16th & 17th March 2020

Time:10:00 a.m. daily

The panel welcomes submission of memoranda that will be helpful to full and meaningful consideration and adjudication of the subject matter from civil society and other relevant interlocutors.

Please send all submissions to publicinquiry@fccpc.gov.ng by Friday, 13th March 2020.

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