New Bill Proposes Six-Month Jail Term for Doctors, Nurses Who Delay Emergency Care

The Nigerian Senate passed a bill on Wednesday aimed at changing the National Health Act. This bill suggests a six-month jail term or a fine of up to ₦300,000 for hospitals and healthcare workers who delay emergency medical treatment.

Senate President Godswill Akpabio announced this during a session after most senators supported it through a voice vote.

After passing the bill, it was sent to the Senate Committee on Tertiary and Primary Health for more review and a public hearing.

The bill is called "A Bill for an Act to Amend the National Health Act, 2014 to Provide for Emergency Medical Treatment Standards and Referral Protocols in Healthcare Facilities and for Related Matters."

Sponsored by Abdulaziz Yar’adua (APC, Katsina Central), this bill aims to set mandatory standards for hospitals and healthcare workers who deal with emergency patients.

The amendment says hospitals must start treatment within 15 minutes of a patient's arrival. It also requires hospitals, doctors, nurses, and healthcare providers to begin basic stabilization measures within 30 minutes of arrival, including oxygen therapy, intravenous fluids, pain relief, and preliminary diagnostic procedures.

During the debate, Mr Yar’adua stated that if a licensed medical doctor is not available, a trained nurse could do the initial assessment of an emergency patient and start treatment right away.

He added that the bill provides for immediate life-saving actions like cardiopulmonary resuscitation, airway management, and control of bleeding once a life-threatening condition is found.

The bill would not allow hospitals to turn away emergency patients, no matter the situation. They must provide the necessary medical care.

For patients needing admission, the bill states that a hospital bed should be assigned within two hours of arrival, if there is space available.

If a healthcare facility cannot admit an emergency patient, it must start resuscitation and stabilization right away. They must also begin the referral process within two hours of arrival or as soon as the patient is stable for transfer, whichever comes first.

The bill also says the transfer should happen within three hours of arrival unless external factors like transport issues, insecurity, or bad weather stop it.

To cut down on delays during referrals, hospitals must start dispatching ambulances or arrange other transport within 30 minutes after deciding to refer a patient.

The amendment will protect healthcare workers who can show their inability to meet the requirements due to lack of resources. These workers must still follow the referral protocol and inform hospital management or the right authority.

Nigeria has seen many cases of patients who died after being denied or delayed emergency care in hospitals. Some high-profile cases involved victims of armed robbery and road accidents facing administrative hurdles while seeking urgent medical help.

In September 2009, Bayo Ohu, a journalist, was shot in his Lagos home. He was denied treatment because his family did not have a police report and died on his way to another hospital.

In November 2019, Moradeun Balogun, a 29-year-old podcast host, was stabbed by robbers in Lagos. She too was denied treatment for not having a police report and later died at another hospital.

In 2021, Ebenezer Ayeni, a music producer, was shot shortly before his wedding. He was taken to two hospitals that demanded a police report before treating him. He died about four hours after the shooting.

In October 2023, Greatness Olorunfemi was pushed out of a moving vehicle by suspected criminals in Abuja. She was taken to Maitama District Hospital, but a panel later found that she was already dead upon arrival.

In another incident, a boy injured in a road accident on the Bauchi-Jos Highway died after being refused treatment at Abubakar Tafawa Balewa University Teaching Hospital due to no bed space. The hospital has since formed a committee to look into the case.

These events have raised alarms about how well current laws are enforced that require healthcare providers to prioritize emergency care. The new amendment aims to address these issues by setting strict timelines for emergency treatment, stabilization, and referrals while enforcing penalties for those who do not comply.