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Editor’s Note: This week’s Thought Leadership Series on Health piece comes from Barrister ‘La-Olu Osanyin, who highlights Nigeria’s recent showing at the World Congress on Medical Law last month. He summarizes the three presentations made by Nigerians at the Congress, presentations that showcase several pertinent issues facing Nigerians in the medico-legal space. Osanyin himself was one of the presenters at the World Congress.
By 'La-Olu Osanyin
Medical malpractice lawsuits are a global phenomenon and Nigeria as a country is slowly but surely catching up with the reality of increasing patients’ awareness of their rights and expectations in relation to healthcare. This is becoming evident in the rising number of allegations and lawsuits against Nigerian healthcare workers practising in both private and public hospitals; in some instances, successful lawsuits against doctors has led to huge compensatory payments to patients and families of patients; and sometimes with severe sanctions such as suspension from medical practice or in extreme cases, removal from the register of doctors.
Relatively speaking, there are few medical and legal practitioners who specialize in medical law, but Nigeria was well represented at the recently concluded 22nd World Congress on Medical Law, which took place in Los Angeles, California from 7th to 11th August 2016.
The World Congress on Medical Law is the annual gathering of global leaders in the field of Medical Law, organized annually by the World Association for Medical Law (WAML), established in Ghent, Belgium in 1967. The WAML promotes the study of the consequences of jurisprudence, legislation, and ethics of developments in medicine, healthcare, and related sciences.
The three Nigerian delegates who presented papers at this year’s World Congress were Barrister Laolu Osanyin, a Medical lawyer, Mrs. Folashade Adegbite, who teaches law at the University of Lagos, and America-based pathologist Dr. Bennet Omalu. Other Nigerian attendees included the Medical and Dental Council of Nigeria Registrar, Dr. Abdulmumini Ibrahim, and Mrs. Wuraola Aina of the Nigerian Medical Law Summit Group.
Adegbite’s presentation examined the double jeopardy effect of rape victims impregnated by their rapists. She highlighted the alarming juxtaposition of the situation facing young women raped by Boko Haram extremists against the current stringent existing abortion laws in Nigeria. She recommended that such victims be given the autonomous right to elective abortions.
 - Adegbite recommended that rape victims of terror groups like Boko Haram be given the autonomous right to elective abortions. Photo Credit: DailyPost.ng
Osanyin, who is the Director General of the Nigerian Medical Law Summit Group, in his key paper examined the controversy surrounding the procedure for organ and tissue donations in Nigeria and the related debates on the provisions of the National Health Act.
In his view, these debates produced two schools of thought; the first raises alarm over the apparent legalization of the sale of organs and tissues by the National Health Act, asserting that the provision infringes on the fundamental rights of Nigerians to health by authorizing medical doctors to remove organs of living persons without their informed consent.
The second school of thought holds the view that the law is a much welcome development, as prior to the National Health Act there were unethical practices in organ and tissue donations through the activities of “organ merchants” who commercialized organ and tissue donations. They also argue that the National Health Act should not be read or considered in isolation from other laws and medico-legal protocols regulating medical practice in Nigeria. Doing so may have been what brought about the misinterpretation of the existing Nigerian laws on organ and tissue donations.
Osanyin’s paper reviewed existing Nigerian legislation and regulations governing procedures for access to organs and tissue donations in Nigeria to determine if the alarm raised against this new law is justified.
 - Dr. Bennet Omalu during his presentation at the 22nd World Congress on Medical Law. Photo courtesy Laolu Osanyin.
The final Nigerian presentation at the World Congress was by Dr. Bennet Omalu, the Nigerian physician, forensic pathologist and neuropathologist who was the first to discover and publish findings of chronic traumatic encephalopathy (CTE) in American football players while working at the Coroner’s Office in Pittsburgh. His travails in the hands of American Football administrators, fans, fanatics, and enthusiasts was recently adapted into the Hollywood movie “Concussion”, starring Will Smith as Bennet Omalu.
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