APPLICABILITY OF HEALTHCARE PROVIDER’S RIGHTS IN NIGERIA: THE NATIONAL HEALTH ACT 2014 IN FOCUS

Abstract

In matters of medical negligence or medical malpractice, attention is always focused on the enforcement of patient’s rights against healthcare providers and health establishments. Not much attention has been given to the ethical and legal rights of healthcare providers and how their rights should be protected in their contractual relationship with the health establishments or the patients who have breached their rights. Most Medical Doctors and other allied medical practitioners are often victims of medical rights violations by the health establishments that offered them employment and yet no health establishment has been held liable for these right violations. Sections 21 and 22 of the National Health Act 2014 and relevant ethical rules of the Code of Medical Ethics, 2008 were all relevant to this research. Doctrinal research methodology was employed by the writer. The researcher found that, notwithstanding that the National Health Act, of 2014 has changed the narrative by making provisions for the rights of Health Care Providers in Sections 21 and 22, it has not been implemented optimally. It is also found that most healthcare providers are ignorant of their rights as provided by the Act. It recommended that vigorous awareness campaigns and advocacy should be embarked upon to sensitise the healthcare providers on the necessity for them to know their health rights and enforce their rights against the health establishments, government or individuals in times of breach. Civil Society Organisations (CSOs), Non-Governmental Organisations (NGOs) and the National Orientation Agency are all enjoined to be part of this awareness campaign. It is also recommended that the caregivers’ rights should be introduced as a discipline and be integrated into the academic curriculum of Nigerian medical schools.