Nigerians not utilising free legal aid amid health rights abuses, says IMHL

The Institute of Medical and Health Law (IMHL) is sounding the alarm that Nigerians are not taking advantage of legal protection when their rights are violated while seeking healthcare.

This, it said, is despite the Institute offering free legal services.

Director-General of the Institute, Prof Uwakwe Abugu, stated this during a press briefing ahead of the 2024 National Medical and Health Law Conference in Abuja.

While noting that its training programme would take place on Monday, November 18, 2024, at the Nigerian Bar Association (NBA) Secretariat, Abuja, the Don explained that the conference and induction of new members would be held on Tuesday, November 19, 2024, at Merit House, Maitama, Abuja.

Speaking on the theme of the 2024 conference, “Advancing Inclusive Healthcare Through Specialised Ethical Standards in Nigerian Medical Practice,” Prof Abugu, who also serves as the Dean, Faculty of Law, University of Abuja, expressed concern over the poor understanding of citizens’ rights in accessing healthcare as provided by the 2019 National Health Act.

He added the importance of addressing the gap in seeking legal protection for rights violations in healthcare.

The Guardian reports that the conference comes at a crucial time as the healthcare industry continues to grapple with complex medico-legal issues. The event aims to bring together experts to discuss and find solutions to these challenges.

Prof. Abugu explained that the conference, which will feature the NBA President, Afam Osigwe, and the Founder of The All Rights Foundation, Jake Epelle, will explore ideas on promoting equity and inclusivity in the Nigerian healthcare ecosystem.

“Much as the Institute has the passion to assist Nigerians in the area of their medical and health rights, most of the problem we are receiving is that Nigerians are still bogged down by their cultural inertia. We used to think that it was poverty and ignorance, but the unfolding events now show that we are held down by our cultural inertia, an inability to relearn and leave our cultural practices.

“A woman walked into my office last week and was breathing as if she was going to die. I asked what happened. She said she went to a hospital in Abuja and had goitre surgery. The hospital authorities did not seek the assistance of a qualified ENT surgeon. They did the surgery and cut the nerve leading to the vocal cord.

“I said, ‘What are you doing about this?’ She said she thanked God that she was alive—that many of them were in ICU, but she survived. I said, ‘We are willing to help you with free legal service.’ She said we should leave it, even though she works with one of the security agencies.

“So if a security agent is as uninformed as someone in the village, you can imagine how far we still have to go. Our people should begin to undergo a reorientation.

“We are calling on Nigerians to come out of this shell of cultural inertia. Many organisations are willing to assist in enforcing medical and health rights, but they are not getting the necessary response,” he said.

According to him, Nigerians’ increase in out-of-pocket health spending is worsening their economic situations and driving them further into poverty.

He said: “Access to quality healthcare in Nigeria is largely determined by the funds allocated by the government.

“Many provisions of the law aimed at improving the healthcare system, such as the National Health Insurance Scheme, are now online.

“However, despite these efforts, the healthcare system, particularly national health coverage, remains inadequate.

“Currently, out-of-pocket expenses account for almost 100% of healthcare costs. This is far from ideal, and we still have a long way to go in achieving our healthcare goals.”