Debunking the Misconception: Police Reports and Gunshot Victims' Right to Emergency Treatment
Sometimes ago in one of our posts, we tried to educate the people about some of the acts that constitute medical negligence. Today, we will be focusing on yet another act of medical negligence, and this is sadly one of the medical negligence that has claimed thousands of Nigerians lives over the years. And despite the little orientation giving in this light, many medical facility centres are still ignorant of what the law says, and many Nigerians also do not know their rights.
This negligence is the demand of a police report by the medical centre before commencing treatment on a gunshot victim.
The ignorant demand of medical reports by healthcare facilities from gunshot victims before treatment is assumed to be due to the misinterpretation of Section 4 of the Robbery and Firearms(Special Provisions) Act, 2004, wherein the law had provided that anyone or clinic who admits, treats or administers drugs to the victim of a gunshot should immediately report to the nearest police station and failure to report would attract a sum of N10,000 and shut down of the clinic, and for an individual who treats or administer drugs to a gunshot victim without reporting afterwards will be liable for a jail term of 5years.
The misconstrued interpretation of this Act, or should we call it “fear of not being found guilty of an offense,” is what unlawfully propelled most healthcare facilities to demand for a report before treatment.
It is pertinent to be mindful of that provision of law especially where the law states that “admits, treats or administers any drug..” to a gunshot victim, this means that the patient must first be admitted, treated, or administered drugs to before reports is done and not the reverse as it is being practiced.
For the purpose of clarity, let’s consider what the law says in Sect 1 of the Compulsory Treatment and Care of Victims of Gunshot Act of 2017, it read thus: “every hospital in Nigeria whether public or private shall accept or receive, for immediate and adequate treatment with or without police clearance, any person with a gunshot wound.”
The law further adds that payment should not even be a basis for rejection. When we juxtapose this position of law with several other laws on treatment of gunshot victims by a health care worker or facility, we would agree that the rejection of gunshot victims and demand for police report before treatment is a violation of the law and an infringement on the right to dignity of life of the victim.
Note that, this act attracts serious liabilities as the offenders may face a jail term, and or a fine, a lock down and withdrawal of practicing license.
OLAITAN FEYISETAN
LEAD PARTNER
MORNAIQ O&A SOLICITORS
08057497116
mornaiq@gmail.com
