Resident doctors reject proposed 6-month jail term for emergency care delays

The Nigerian Association of Resident Doctors (NARD) has opposed a proposed six-month jail term for healthcare professionals who delay emergency treatment, warning that the legislation could worsen Nigeria’s medical brain drain.

The association said the proposed amendment to the National Health Act was punitive and failed to address the inadequate funding, staffing and infrastructure affecting hospitals across the country.

The bill, sponsored by Senator Abdulaziz Yar’Adua, has reportedly passed its second reading in the Senate. It seeks to establish enforceable timelines for emergency medical treatment, assessment and patient referrals.

In a statement made available to journalists in Calabar on Friday, NARD’s President, Dr Ogar Idoko, Secretary-General, Dr Besongngem Akotanchi, and Publicity and Social Secretary, Dr Ashimom Timothy, acknowledged the need to protect patients from avoidable deaths.

However, the association said it would not accept legislation that criminalised doctors for systemic failures beyond their control.

“While NARD recognises the importance of prompt emergency care and the need to protect patients from avoidable harm, we unequivocally reject any legislative approach that criminalises healthcare professionals without adequately addressing the systemic failures that undermine emergency medical services in Nigeria,” the statement read.

The proposed legislation seeks to compel public and private hospitals to assess emergency patients within 15 minutes of arrival, begin initial stabilisation within 30 minutes and complete referrals within three hours where necessary.

Healthcare providers and facilities found guilty of violating the proposed standards would face a fine of up to N300,000, imprisonment for a maximum of six months, or both.

The bill also prescribes emergency interventions such as oxygen therapy, intravenous fluids, pain relief, cardiopulmonary resuscitation, airway management and bleeding control.

NARD, however, argued that doctors operate under difficult conditions characterised by obsolete medical equipment, inadequate personnel, unreliable electricity, insufficient emergency supplies and deteriorating hospital infrastructure.

“It is unacceptable to punish doctors for the consequences of a healthcare system that successive governments have failed to adequately fund, equip and staff,” the association said.

The doctors described the challenges as consequences of longstanding institutional neglect rather than professional negligence.

They also criticised lawmakers for prioritising punitive measures against healthcare workers while Nigeria continues to fall short of the 15 per cent health budget allocation target under the Abuja Declaration.

NARD challenged the National Assembly to prioritise funding for functional emergency departments, modern diagnostic equipment, uninterrupted electricity, reliable ambulance services and adequate medical personnel.

“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” the association said.

The group also called on lawmakers to subject themselves to similar accountability standards, suggesting legislation that would compel public officeholders to use Nigerian government hospitals and introduce sanctions for the misuse of public resources on avoidable medical tourism abroad.

NARD warned that imposing additional criminal penalties on already overstretched healthcare professionals could accelerate the migration of doctors and nurses overseas.

It said the proposed legislation risked creating a hostile working environment at a time when Nigeria was struggling to retain skilled medical personnel.

Although the association acknowledged that the bill reportedly contains provisions for circumstances beyond the control of healthcare workers, it insisted that such safeguards must be explicit, comprehensive and enforceable.

It said doctors should not face criminal punishment for institutional failures, unavailable equipment, inadequate staffing or other circumstances beyond their reasonable control.

Meanwhile, Yar’Adua said the amendment would address critical gaps in the healthcare system and ensure timely, life-saving treatment regardless of patients’ social status, wealth, influence or location.

Senate Whip, Senator Mohammed Monguno, supported the proposal, arguing that it would help tackle avoidable deaths arising from road accidents and maternal emergencies.