Denying Emergency Care in Nigeria: Legal Implications and Redress Under the Nigerian National Health Act

Introduction

Emergency healthcare is often the first and most critical point of contact between a patient and the healthcare system.[1] In life-threatening situations, time is of the essence, and the expectation is that care will be provided swiftly and without prejudice. Yet, in Nigeria, access to emergency care remains a subject of significant legal and ethical concern. This article explores the provisions of the Nigerian National Health Act (NHA)[2] relating to emergency care, the legal consequences of non-compliance, and what redress is available for patients and their families.

Legal Provisions on Emergency Care in Nigeria

The National Health Act 2014 was enacted to provide an overarching framework for the regulation, development, and management of Nigeria's health system. A pivotal provision with regards to emergency care within this Act is Section 20, which explicitly addresses emergency medical treatment.[3] Specifically, Section 20(1) states that "A healthcare provider, health worker or health establishment shall not refuse a person emergency medical treatment for any reason.”[4] This provision applies universally across all healthcare establishments in Nigeria, encompassing both public and private institutions. The Act’s unequivocal language establishes emergency care as a non-negotiable right, thereby placing a direct legal duty on healthcare providers to administer prompt treatment without delay or discrimination.[5]

Section 20 of the Act further imposes a binding legal obligation with enforceable sanctions on health care providers, health workers and health establishments. As a result, healthcare providers or establishments that refuse emergency treatment commit a criminal offence under Nigerian law. The penalties for such contraventions include a fine of ₦100,000; imprisonment for a term not exceeding six months; or both fine and imprisonment upon conviction.[6]

Beyond criminal liability, healthcare providers may also face civil claims for damages arising from negligence or breach of statutory duty, especially where denial of emergency care results in harm or death. Additionally, the legal framework for emergency care in Nigeria further extends protection through the Compulsory Treatment and Care for Victims of Gunshot Wounds Act 2017, which mandates that all hospitals, public or private, must accept and treat gunshot victims immediately, without requiring police clearance or upfront payment.[7] Failure to comply attracts similar criminal sanctions and this reinforces the supremacy of saving lives over procedural formalities.[8]

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[1] World Health Organization n.d ‘Emergency Care as an Essential Component of Universal Health Coverage in the Eastern Mediterranean Region’ https://www.emro.who.int/images/stories/about-who/ecs_in_emr_pre-rc_paper_18_september_2016.pdf

[2] National Health Act 2014

[3] The National Health Act 2014, s. 20(1)

[4] Ibid. s. 20(1)

[5] Ibid.

[6] Ibid. s.20 (2)

[7] Compulsory Treatment and Care for Victims of Gunshot Wounds Act 2017, s.1& 2.

[8] Ibid. s.11