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NIGERIAN HEALTHCARE LAW & POLICY CENTER
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DEDICATED TO THE MEMORY OF DR. AMEYO STELLA ADADEVOH




FIRST NIGERIAN HEALTHCARE LAW CASES INDEX

COVERAGE: Public Healthy Policy - Defective Medical Products - Surgical & Diagnostic Errors - Mental Health - Hospital Infections - Cosmetic Surgery - Inquests -  Nursing & Care Homes - Birth Injury -  Dental, Ear & Eye Care - Healthcare insurance  -  Medical Ethics 

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
info@lawnigeria.com

TITLE

MAIN ISSUES

ABRATH V. THE NORTH EASTERN RAILWAY COMPANY.

HEALTHCARE LAW – MEDICAL MALPRACTICE:- Action consequent upon allegation that medical practitioner colluded with third party to cause injuries so as to obtain compensation – Acquittal of medical practitioner – Whether ground for action in malicious prosecution – Relevant consideration

ABUKAR V. THE STATE

HEALTHCARE AND LAW: - Access to healthcare - Impotence – Implications for marriage stability, matrimonial wrongs and justice administration

HEALTHCARE AND LAW:- Medical emergency services – Availability and access to – Propriety of Dispensary Attendant as the only medic summoned to scene of brutal stabbing of woman – Propriety of Dispensary Attendant making medical report on a murder crime scene and directing burial of murder victim without the intervention of a doctor or medical examiner – Implication for justice administration

ADAJE V. STATE

HEALTHCARE AND LAW:- Access to emergency healthcare – Practice of reporting first to the police before securing emergency healthcare for critically wounded person – Effect – Implication for justice administration

ADAMS V. ADAMS

HEALTH AND LAW:- Matrimonial proceedings relating to custody – Physical and mental health of proposed care-givers – Whether relevant considerations 

ADELENWA V. THE STATE

HEALTHCARE AND LAW:- Evidence of Medical Examiner – Where it materially contradicts with evidence of eye-witness with failing eye-sight – How resolved

ADEREMI ADEDAMOLA AJIDAHUN  V. MRS. DAPHINE OTERI AJIDAHUN

HEALTHCARE AND LAWCHILD CUSTODY PROCEEDINGS:- Evidence that child has since birth had a precarious health condition, including asthma and suffers from delayed child development requiring daily medication and special education – Parent who proves history in providing that required care – Whether entitled to custody of child in divorce proceedings

ADEYEMI V. ADEYEMI

HEALTHCARE AND LAW: - Marriage troubles and Mental/Nervous Breakdown – Treatment by a proven medical practitioner – Sickness of children of marriage – When used as a shield against adultery with child’s doctor by mother care-giver - Implication for divorce proceedings

HEALTHCARE AND LAW: - Co-respondent medical doctor caught in adultery with a married woman – Propriety of brandishing call card suggesting he was acting in a professional capacity – Whether relevant consideration in assessing damages against co-respondent

ADIE V. STATE

HEALTHCARE AND LAW:- Murder and evidence of Medical Examiner - Absence of evidence leading to irresistible conclusion that injuries inflicted by accused – Doctor’s Medical Report wrongly admitted in evidence after testimony – Implication for justice administration

ADOKO  V. PAL

HEALTHCARE AND LAW:- Medical advisory services and reports – Role in medical malpractice cases – Relationship between client and medical adviser – Whether one of qualified privilege – Whether communications pursuant thereto can give rise to liability for defamation against third party – Right of author of a medical report to disown a legal report based medical report for inconsistency – Implications for medical malpractice case

AHMED OLAYIWOLA  V. THE STATE

HEALTHCARE AND LAW:- Procurement of abortion – Person not qualified to practice as a physician – Death arising therefrom – How proved – Sentencing considerations – How treated

AINA V. WEST AFRICAN DRUG CO. LTD

HEALTH LAW:- Medical billing without receipts – Attitude of court thereto – Doctor in private practice – Absence from work due to motor accident – Whether ground for claim of damages – relevant considerations

AKINGBADE V. LAGOS TOWN COUNCIL

HEALTHCARE AND LAW:- Public Health Ordinance, section 42 Public Health Rule 55 (3) – How interpreted so as to maintain npublic health without imposing an undue tax/levy on food operators 

ALAKIJA V. THE MEDICAL DISCIPLINARY COMMITTEE

HEALTHCARE AND LAW – MEDICAL MALPRACTICE:- Proceedings of Medical Disciplinary Committee – Need to observe principles of natural justice and fair hearing – Failure thereto – Effect n final decision of Committee

ALLINSON V. GENERAL COUNCIL OF MEDICAL EDUCATION AND REGISTRATION.

HEALTHCARE LAW:- Improper advertisement by medical practitioner – When deemed infamous conduct in a professional respect

ALONGE V. ATTORNEY GENERAL WESTERN NIGERIA

HEALTHCARE AND LAW:- Sicknesses and association with customary beliefs and practices – Implication for access policies 

AMUSA V. THE STATE

HEALTHCARE AND LAW:- Pathologist for purpose of criminal trials –Medical officer in the service of a state for the purpose of undertaking a post mortem examination - Whether a pathologist and his report is the certificate envisaged by section 41 (1) (a) of the Evidence Act – Legal effect

ANYANWU V. THE STATE

HEALTHCARE AND LAW:- Testimony of accused person as to deceased wife – Claim that wife died after giving birth to twins at home instead of hospital or maternity – Implication for access to healthcare and justice administration

ANYIM V. STATE

HEALTHCARE AND LAW:- Murder proceedings – Plea of Insanity – Whether lack of medical evidence is fatal – Whether evidence of insanity in family history relevant - Whether a doctor’s evidence of abnormality may be rejected by a jury/court, on the facts, so as to reject a plea of insanity

ARUM V. THE STATE

HEALTHCARE AND LAW:- Access to emergency healthcare and security services-  Practice of carrying critical injured persons to Police Station first to lodge a ‘report’ before seeking medical care – Implication for justice administration

ASABA V. THE QUEEN

HEALTHCARE LAW: - Access to heathcare - Undiagnosed and untreated skin condition of young man – Lack of access to treatment due to poverty - Perceived mockery and jeers arising from same – Effect thereof

ASHIMIYU V. THE STATE

HEALTHCARE AND LAW:- Driving a critically wounded person to Police station for ‘report’ before seeking medical care – Access to emergency care in Nigeria – Implication for justice administration

ATANDA V. THE QUEEN

HEALTH AND LAW: - Murder of a person proved to be ill and unable to defend himself - Cutting of throat of such ailing person with a knife – Relevance in discharging a plea of self-defence or provocation – Attitude of court thereto

ATEJI V. THE STATE

CRIMINAL LAW:- Culpable homicide punishable with death contrary to section 221(b) of the Penal Code of Kwara State of Nigeria – Need to prove cause of death - How proved – Role of medical evidence - Effect of failure thereof

ATO V. THE STATE

HEALTHCARE AND LAW: - Women and Emergency healthcare services – Mother of young child stabbed by co-wife in the evening – Deceased only conveyed to Hospital later that night - Death from shock and haemorrhage resulting from stab wound in front of her left chest and a similar wound on her left breast – Implication for justice administration and society

AWOBOKUN V. ADEYEMI

HEALTHCARE AND LAW:- Poor health and nerves suffered by a woman in her bid to enter a caveatrix against a man alleged to be her husband under customary law – When caused by summary judgment of court against woman for contempt of court – Effect on outcome of primary suit – Relevant considerations

BANKS V. GOODFELLOW

HEALTHCARE AND LAW:- Mental health and disposition of property by way of will – A will made during period of partial or recurring mental unsoundness or delusion – Implication for justice administration

BARR. ENNOCH ETSU KWALI & ANOR V. HON. ISAH EGAH DOBI & ORS

 

BEDDER V. DIRECTOR OF PUBLIC PROSECUTIONS

HEALTHCARE LAW:- Sexual impotence in youth of 18 years – Attempt to have sex with prostitute – Frustration arising therefrom and murder charge relating thereto – How treated  

BELLINGER (FC) V. BELLINGER

HEALTHCARE AND LAW:- Sex Change and treatment of a biologically male person who felt inclined to be female – Legal effect – Implications for marriage, policy, law reforms and international obligations and human rights 

HEALTHCARE AND LAW:- Gender designations - Transsexual people – Definition and Distinction from inter-sexual/homosexual/Transvestite people – Person born with physical characteristics which are congruent but whose self-belief is incongruent - Aetiology of condition – Whether generally recognised as a psychiatric disorder – Whether medically treatable – Sex change surgery – Progress and limitations

BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS

HEALTH LAW: - Impotence – Where asserted and upheld as ground for divorce – Effect on subsequent assertions of paternity and legitimacy of persons claiming as children of the dissolved marriage – Relevant considerations

BENJAMIN KNOWLES V. THE KING

HEALTHCARE AND LAW:- Substance and drug abuse - Drunkenness – Married couple and habitual drunkenness - Side-effects - Gunshot wound inflicted by husband on wife in a state of mutual drunkenness – Doctor husband – Whether subsequent treatment of wound in a way deemed proper but scarcely sufficient exculpates husband from liability – Direction of entrance of bullet – Implication for forensic analysis – Post-mortem examination and implications for justice administration – Whether the presence of criminality can be discerned from a set of forensic conclusions

BOURHILL V. YOUNG

HEALTHCARE LAW:- Pregnant women – exposure to traumatic experiences – Nervous shock/Injury indirectly suffered from exposure to a fatal highway accident – Loss of child as still-birth consequently – Whether a health-related damage deemed recoverable at law

BRITISH AMERICAN TOBACCO PLC V. ATTORNEY-GENERAL OF OGUN STATE & ORS

HEALTH LAW – PUBLIC INTEREST - TOBACCO AND RELATED PRODUCTS:- Claim against big tobacco – Claim for declaratory and injunctive reliefs, special and general damages for the manufacture and marketing of tobacco related products which posed health challenges to a sizeable population of the citizens who smoke cigarettes in a State – Relevant considerations

BROWNSON ETUK UDO V. THE QUEEN

HEALTHCARE AND LAW:- Access to emergency healthcare services – Well-meant but misguided attempt to use local remedies when professional emergency medical treatment is required – Medical and legal implications

DANTATA & SAWOE CONSTRUCTION COMPANY LIMITED V. EGBE

 

DASI V. STATE

HEALTHCARE AND LAW:- Emergency care for critically wounded persons – Absence of emergency health response teams - Implication for justice administration

DENLOYE V. M. & D.P.D.C.

 

DIAMOND BANK LIMITED V. GENERAL SECURITIES AND FINANCE COMPANY LTD

 

DR. DARU & ORS V. BARRISTER IBRAHIM AMINU UMAR

HEALTHCARE AND LAWMEDICAL NEGLIGENCE:- Allegation of inflicting a surgical procedure on woman for ectopic pregnancy when all she complained of was common cold – How treated

HEALTHCARE AND LAWMEDICAL ETHICS:Public health workers employed in the public service of the Federation – Whether unlike their private counterparts are not liable to damages arising patient-doctor relationship asl professional Doctors with knowledge and expertise in medical field – Whether any patients who elects for healthcare in a public health facility automatically becomes the patient of the parent hospital and NOT the patient of any of the Consultant or Doctors at the public hospital



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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com