Court adjourns suit against hospital for case management conference

The Lagos State High Court, Ikeja, has scheduled a Case Management Conference (CMC) for January 13, 2025, in a suit filed by the children of Mr John Adeniyi Mesele, a former Permanent Secretary in the Federal Civil Service, against Duchess Hospital Limited.

The family accuses the hospital of negligent medical care following a series of surgical operations on their father. At a recent court session, counsel for the defendant, Duchess Hospital, informed the court that Mr Mesele had been transferred from the facility.

The claimants’ counsel also confirmed the transfer on October 24, 2024, and sought a date for a Case Management Conference (CMC) to discuss further proceedings.

The suit was filed after Mr Mesele’s children, Ayoola Mesele, Adekunle Mesele, Olusola Mesele, and Olubukola Balogun (Nee Mesele), sought their father’s medical records.

They alleged that the hospital had failed to provide them full access to the records, which they claimed is crucial for determining the best course of treatment and care for Mr Mesele’s recovery.

In a previous hearing, lead counsel for the claimants, Prince Richard Ahonaruogho (SAN), had requested an extension of time to comply with a court order to transfer Mr Mesele from the defendant’s hospital.

The extension was sought to allow for the critical patient to be moved to a more appropriate facility, following a directive issued by the court on July 11, 2024.

Ahonaruogho explained that despite extensive efforts, the claimants were unable to secure an alternative healthcare facility for Mr Mesele due to his delicate medical condition. He argued that granting the extension was essential for ensuring Mr. Mesele’s safety and well-being.

In response, the defendant’s counsel, Oyetola Oshobi (SAN) objected to the request, stating that applications for extensions must be supported by a detailed affidavit with substantial reasons.

Oshobi also pointed to numerous reputable hospitals in Lagos, including Lagos State University Teaching Hospital (LASUTH) and Lagos University Teaching Hospital (LUTH), where the family could seek alternative care for Mr Mesele.

The claimants’ legal action stems from their attempts to obtain Mr Mesele’s medical records, which they argued are necessary to obtain independent medical advice.

They are also seeking an injunction to prevent the hospital from transferring or removing Mr. Mesele from its care. According to the claimants, Mr Mesele was first admitted to Duchess Hospital on March 16, 2024, for symptoms related to difficulty walking and paralysis on the right side of his body. He was diagnosed with a subdural hematoma (brain haemorrhage) and underwent surgery.

However, after a second surgery on May 10, 2024, he slipped into a coma and remained in critical condition for weeks, ultimately requiring intensive care.
In its defence, Duchess Hospital denied the claimants’ allegations, asserting that they had always provided relevant medical records to the family, including CT and MRI scans, progress reports, and test results.

The hospital’s legal team also cited privacy laws under the Nigeria Data Protection Act (2023) and other regulations as the basis for the limited scope of the records provided.The next hearing is scheduled for January 2025, when the court will further address the case.