Negligence Lands Medical Doctor In Prison

Justice Adedayo Akintoye of the Lagos High Court, Tafawa Balewa Square, has sentenced to a year imprisonment, the Medical Director of Excel Medical Centre, Dolphin Estate, Dr. Ejike Ferdinand Orji,  for causing grievous harm, negligence, and endangering the life of 16-year-old patient.

Dr. Orji got the jail term after being found guilty on four of the six counts charge; that is, counts two, three, four, and six.

The convicted doctor was, however, discharged on counts one and five respectfully.

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

Justice Akintoye in his judgment held that the prosecution has been able to establish the essential ingredients of the offence of breach of duty, care, and endangering the life of a 16-year-old patient.

The judge further declared that the defendant's action falls below what is reasonably expected of a medical doctor.

According to Justice Akintoye, “It is my opinion that the defendant committed a breach of duty as a medical practitioner when he wilfully refused to remove the fibreglass 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 a Plaster of Paris (POP) cast on PW 10’s leg using none medical staff, and without carrying out an x-ray to identify the level of injury.

Justice Akintoye equally declared that Dr. Orji did not obtain the consent of the mother of the patient, who was in the hospital at the time the POP was done. 

The judge, said, "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 a reasonable doubt.

“Consequently, on counts one and five, the defendant, Dr. Ejike Ferdinand Orji is thereby found not guilty. On count two, three, four, and six, I find him guilty, and he is accordingly convicted." 

In his plea before the judge, the convict's lawyer, Ajibola Ariba prayed to the court to temper justice with mercy, adding that the convict is a first offender, who has never been convicted for any crime in the past.

After his plea for mercy, Justice Akintoye held thus: “I have listened to the plea for leniency on behalf of the convict, that he is a first-time offender. Therefore, the defendant, Dr. Ejike Ferdinand Orji is hereby convicted and sentenced to one-year imprisonment each, on counts two, three, four, and six. 

“The sentence will run concurrently.”

According to the fact of the case as presented by the prosecutor, Babatunde Sunmonu, the convict on July 26, 2018, at his hospital fixed a (POP) cast too tightly on a sixteen-year-old Ezi-Ashi’s leg, which caused him grievous harm.

Ezi-Ashi had complained of discomfort and requested that the POP be relaxed, but the convict refused, which resulted in the teenager becoming unconscious, and he was subsequently rushed to the Reddington Hospital, Victoria Island, Lagos, where he was operated upon.

At the Reddington Hospital, it was discovered that the defendant had sawed off the POP and damaged the muscles in the lower part of the boy’s leg, foot, and toes with wide open sores that were at the initial stage of becoming ‘compartmentalised’.

The victim, according to the prosecutor, underwent four major surgeries and following his critical condition, two orthopaedic surgeons from the United States of America (USA) extracted the dead muscles from the leg, adding that it was a major struggle to save the boy’s life as he had to be flown to the USA for further attention.

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