According to the charge sheet issued by the Medical and Dental Practitioners Disciplinary Tribunal, the incident happened between 10th March 2013 and 11th March 2013.

Elusoji had admitted Osagie to his privately-owned Our Medical Centre, and had performed in-hospital treatment to relieve the gunshot wounds Osagie had sustained.

As of the time of the incident, Elusoji primarily worked as surgeon with the University of Benin Teaching Hospital, while he also ran his private facility.

Osagie, however, sued Elusoji before the Medical and Dental Practitioners Disciplinary Tribunal, alleging medical negligence, malpractice and gross misconduct after his right lower limb was amputated following the surgeon’s intervention.

Osagie also informed the panel how, on April 22, 2013, Dr. Elusoji tried to cover his track by issuing a medical report to his patient, using the letterhead of the UBTH, rather than his own private health facility’s letterhead.

The investigating panel that brought the matter to the MDPDT after investigating Osagie’s petition found Elusoji, a registered medical practitioner and consultant surgeon at the UBTH, culpable for “failing to do good to the patient,” which led to the amputation of his leg.

According to the panel, Elusoji failed to do what he ought to have done to save the leg of the patient from amputation.

The panel noted that the patient was not given the necessary care, as the surgeon did not undertake an x-ray before recommending amputation of Osagie’s right leg.

The medical and dental professions in Nigeria are regulated by the Medical and Dental Council of Nigeria.

The MDCN, in furtherance of its statutory functions as provided for in Section 1 (2)(c) of the Medical and Dental Practitioners Act, Cap M8, LFN 2004, codified the rules of professional conduct for Medical and Dental Practitioners in its Code of Medical of Ethics in Nigeria (2008). The council’s mandates include disciplining of errant professionals.

The Medical and Dental Practitioners Disciplinary Tribunal and Medical Practitioners Investigating Panel were established by the MDCN for enforcement of its laws.

According to the MDCN, making a mistake in the treatment of patients, for example, amputation of the wrong limb, inadvertent termination of pregnancy, prescribing the wrong drug in error for a correctly diagnosed patients, failure to do what ought to have been done for the good of the patient, all constitute professional negligence and punishable by laws guiding medical practice in the country.

Elusoji, who was subsequently barred from medical practice for life, pleaded “not guilty” to the four charges when they were read to him on Thursday.

Speaking with PUNCH HealthWise, chairman, Nigerian Medical Association, Lagos State branch, Dr. Adetunji Adenekan, said the MDCN frowns at medical negligence and that no medical practitioner is spared if found guilty, irrespective of his status.

“The MDCN laws are there and they are our guide. So, the surgeon might have been barred based on how negligent he had been.

“The tribunal follows the laws to deliver its judgement. The tribunal is our medical court. It has the status of a high court,” Adenekan said.

Dr. Elusoji, a consultant surgeon, stood for trial on four counts, as amended, dated 8th December, 2020.

According to the charge sheet, No. MDPDT/67/2020, count one reads, “That you, Dr. Sunday Elusoji, a registered Medical Practitioner and Consultant Surgeon, engaged as such at the University of Benin Teaching Hospital, Benin City, Edo State, on 10th March 2013 and 11th March 2013, engaged in malpractice while attending to one Mr. Uwa Osagie at your private health facility known as and called Our Medical Centre (a.k.a Our Hospital) at No. 2, Jemila Road, Ikpoba Hill, Benin City, by failing to do all that you reasonably ought to have done for his good, and that by the said facts you have conducted yourself infamously in a professional respect contrary to the provision of Rule 29.4 h of the Code of Medical Ethics in Nigeria 2008 edition and punishable under section 16(1)(a) and (2) of Medical and Dental Practitioners Act, Cap.M8 Laws of the Federal of Nigeria 2004.

Count two reads, “That you, Dr. Sunday Elusoji, a registered Medical Practitioner and Consultant Surgeon engaged as such at the University of Benin Teaching Hospital, Benin City, Edo State, on 10th March 2013 and 13th March 2013, were grossly negligent in the management of one Mr. Uwa Osagie at your private health facility known as and called Our Medical Centre (a.k.a Our Hospital) at No. 2, Jemila Road, Ikpoba Hill, Benin City, where he was admitted by you following the gunshot wounds sustained, leading to the amputation of his right lower limb and that by the said facts, you have conducted yourself infamously in a professional respect contrary to the provision of Rule 31 of of the Code of Medical Ethics in Nigeria 2008 edition and punishable under section 16(1)(a) and (2) of Medical and Dental Practitioners Act, Cap.M8 Laws of the Federal of Nigeria 2004.

Count three reads, “That you, Dr. Sunday Elusoji, a registered Medical Practitioner and Consultant Surgeon engaged as such at University of Benin Teaching Hospital, Benin City, Edo State, on 10th March, 2013 and 11th March, 2013, engaged in malpractice, in that although you admitted and managed one Mr. Uwa Osagie at your private health facility known as and called Our Medical Centre (a.k.a Our Hospital) at No. 2, Jemila Road, Ikpoba Hill, Benin City, you later pretended to have managed the said patient at the University of Benin Teaching Hospital, Benin City, by issuing a medical report addressed to ‘Whom it May Concern,’ dated 22nd April, 2013 on the letter head of University of Benin Teaching Hospital, Benin City and that by the said facts you have conducted yourself infamously in a professional respect contrary to the provision of Rule 34 (1) of of the Code of Medical Ethics in Nigeria 2008 edition and punishable under section 16(a)(a) and (2) of Medical and Dental Practitioners Act, Cap.M8 Laws of the Federation of Nigeria 2004.

Count four reads, “That you, Dr. Sunday Elusoji, a registered Medical Practitioner and Consultant Surgeon engaged as such at University of Benin Teaching Hospital, Benin City, Edo State, on 10th March 2013 and 11th March 2013, engaged in malpractice, by admitting into your health facility known as and called Our Medical Centre (a.k.a Our Hospital) at No. 2, Jemila Road, Ikpoba Hill, Benin City, one Mr. Uwa Osagie and performed in-hospital treatment to relieve or heal his gunshot wounds sustained earlier in the day at a time you were expected to be engaged or deemed to be engaged in your primary place of employment that is, the University of Benin Teaching Hospital, Benin City and that by the said facts you have conducted yourself infamously in a professional respect contrary to the provision of Rule of 49 .1 (b) and (c) of the Code of Medical Ethics in Nigeria 2008 edition and punishable under section 16(1)(a) and (2) of Medical and Dental Practitioners Act, Cap.M8 Laws of the Federation of Nigeria 2004.”

Delivering the judgment on Osagie’s suit last Thursday, chairman of the MDPDT, Prof. Abba Waziri Hassan, said Prof. Sunday Elusoji’s name should be struck off the register of the Medical and Dental Council of Nigeria.

“There is no moral justification to an act of malpractice; the respondent ought to know, based on his standing in the profession, that his action was unethical.

“This count has been established by the prosecution, and it is really so unfortunate that the respondent, who is a Professor of Surgery in the School of Medicine, will engage in such an unprofessional and infamous conduct in a professional respect. The tribunal finds the respondent guilty as charged under this count,” Hassan, said.

Continuing, he said, “On count four, the tribunal finds that the respondent owns and operates ‘Our Medical Centre,’ admitted patients who by themselves deposed to witness statement on oath in support of a civil suit he filed at the High court, that is the witness statements on oath of Edna Ebasonah and Sandra Owie, both of whom attested to the fact that the respondent is the proprietor of the clinic.

“The tribunal, therefore, has no difficulty based on the totality of the evidence placed before this tribunal, to find the respondent guilty as charged on count four.

The World Health Organisation says the quality of healthcare can be difficult to measure, noting that many potentially relevant indicators have been investigated.

“In high-income countries, case report cards are frequently and widely used to record health outcomes – including adverse outcomes that may sometimes be attributable to poor healthcare.

“In many low- and middle-income countries, however, the lack of such records and systems is a major obstacle to measuring the quality of health care,” WHO says.

source: Punch