NMA Opposes Senate Plan To Jail Health Workers Over Rejection Of Emergency Patients

The Nigerian Medical Association (NMA) has opposed the proposed amendment to the National Health Act seeking to introduce jail terms and fines for health workers who reject patients requiring emergency medical attention, warning that the move could criminalise healthcare professionals for failures beyond their control.

The association argued that rather than introducing stiffer penalties, the National Assembly should prioritise addressing inadequate funding, severe manpower shortages, poor hospital infrastructure and the shortage of essential medical supplies undermining emergency healthcare delivery across the country.

In a statement signed by its p toresident, Dr. (Prof.) Afekhide Ernest Omoti, the NMA acknowledged the need to guarantee access to emergency medical treatment regardless of patients’ financial circumstances but described the proposed legislative intervention as putting the cart before the horse.

According to the association, the National Health Act already contains provisions prohibiting the refusal of emergency medical care, making effective implementation of existing legislation more important than introducing additional criminal sanctions.

It specifically cited Section 6 of the Act, which establishes the Basic Health Care Provision Fund (BHCPF) and provides for funding emergency medical treatment.

NMA, however, lamented that implementation of the emergency medical treatment component of the fund remained inadequate, leaving hospitals that provide emergency services struggling to recover the costs incurred.

It said healthcare facilities often provide emergency treatment at considerable financial costs and with already overstretched resources but are unable to access expected reimbursements.

The association maintained that it was unfair to impose criminal liability on health workers and hospitals when government had not fulfilled its corresponding responsibility to provide the resources required for effective emergency care.

On manpower shortages, NMA attributed the situation to poor remuneration, unfavourable working conditions, inadequate infrastructure, insecurity and excessive workloads, which it said had contributed to the increasing migration of Nigerian doctors and nurses.

It warned that many hospitals were operating with dangerously inadequate personnel, leaving the few available doctors to manage overwhelming patient loads under difficult circumstances.

The association also identified persistent shortages of essential medical supplies and equipment, including oxygen, essential drugs, blood and blood products, resuscitation equipment, consumables and functional ambulances, as major obstacles to effective emergency response.

It questioned how doctors could reasonably be expected to provide life-saving interventions when hospitals lacked the basic equipment and supplies required to treat patients.

Consequently, the doctors urged the Senate and the National Assembly to prioritise effective implementation of the National Health Act and BHCPF, particularly the establishment of transparent, accessible and timely reimbursement mechanisms for hospitals providing emergency treatment.

It also called for urgent investment in hospital infrastructure, functional emergency units, oxygen supply systems, diagnostic equipment, blood banks and essential medicines.

The association further advocated sustained investment in recruiting, retaining and equitably distributing healthcare professionals, alongside improved remuneration, welfare, working conditions and security.

It urged the Senate to engage the NMA, other health professional associations, hospital managers and relevant stakeholders before proceeding with any amendment that imposes additional criminal liability on healthcare workers.

The association, however, clarified that it was not opposed to accountability or appropriate sanctions where health workers deliberately and unjustifiably refuse emergency treatment despite the availability of the necessary personnel, facilities and resources.

It stressed the need to distinguish between professional misconduct and systemic failures, warning against indiscriminately prosecuting healthcare workers who are themselves victims of deficiencies within the health system.

NMA further warned that introducing punitive measures without addressing the underlying challenges could worsen professional frustration, undermine morale and accelerate the migration of doctors and nurses, ultimately reducing access to emergency medical services.

It maintained that doctors remained professionally and ethically committed to saving lives but said such commitment could not substitute for unavailable medicines, inadequate manpower, absent infrastructure or an underfunded healthcare system.

“Our position is simple: Make our hospitals functional, adequately fund emergency care, provide essential drugs and equipment, recruit and retain sufficient healthcare professionals, improve their conditions of service and guarantee their safety. Then insist on accountability,” the association stated.

It urged the Senate to reconsider the proposed amendment in its present form, insisting that strengthening healthcare infrastructure and adequately funding emergency services would provide a more sustainable solution to preventing avoidable deaths than threatening health workers with imprisonment.