Doctor jailed for causing patient harm

• Published date: 20 January 2023
• Publication title: Nigeria - The Nation

The Lagos High Court sitting at the Tafawa Balewa Square (TBS) Friday sentenced Dr. Ejike Ferdinand Orji to one-year imprisonment for causing grievous harm, negligence and endangering the life of his 16-year-old patient.

Justice Adedayo Akintoye sentenced Orji after finding him guilty of four out of a six-count charge, that is, counts 2, 3, 4 and 6.

However, the judge discharged Orji, who is the Medical Director of Excel Medical Centre Dolphin Estate, of counts 1 and 5.

Orji was initially arraigned alongside his wife Dr. (Mrs) Ifeayinwa Grace Orji, but she was discharged and acquitted following an application by the Director of Public Prosecution (DPP) that the Lagos State government wished to discontinue the case against her.

Delivering judgement, Justice Akintoye held that the prosecution established the essential ingredients of the offence of breach of duty, care and endangering the life of the teenager.

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The court further held that Orji's action fell below what is reasonably expected of a medical doctor.

Justice Akintoye held: 'It is my opinion that the defendant committed a breach of duty as a medical practitioner, when he willfully refused to remove the fiberglass cast on the patient's left leg despite complaints of severe pains which thereby resulted in a compartment syndrome.'

The court held that the convict applied Plaster of Paris (POP) cast on PW (Prosecution Witness) 10 (patient)'s' leg using non-medical staff, and without carrying out an x-ray to identify the level of injury.

Justice Akintoye further stated that Dr Orji did not obtain the consent of the mother of the patient, who was in the hospital when the Plaster of Paris (POP) was done.

The court held: 'The Defendant had undertaken to carry out the procedure and give medical treatment to PW 10 (patient), which turned out to be injurious to his health.

'The prosecution has been able to establish essential ingredients of the offences of breach of duty. I find that the prosecution has established essential ingredients in courts 2, 3, 4, and 6. The prosecution has therefore proved their case beyond reasonable doubt.

'Consequently, on...