HEALTHCARE AND LAW CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| 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 |
| HEALTHCARE AND LAW:- Access to affordable healthcare – Aged sick persons and dependency on religious platforms for care – Implication for justice administration | |
| ADEDIRAN V INTERLAND TRANSPORT LIMITED | HEALTHCARE AND LAW:- Proof of nuisance arising from acts deemed hazardous to health of residents of an estate – Nature of evidence required to found same |
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HEALTHCARE AND LAW:- Proof of Murder – Absence of evidence leading to irresistible conclusion that injuries inflicted by accused – Evidence of Medical Examiner – Doctor’s Medical Report wrongly admitted in evidence after testimony – Implication for justice administration |
| ADELENWA V. THE STATE
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HEALTHCARE AND LAW:- Evidence of Medical Examiner – Where it materially contradicts with evidence of eye-witness with failing eye-sight – How resolved |
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ADEREMI ADEDAMOLA AJIDAHUN V. MRS. DAPHINE OTERI AJIDAHUN
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HEALTHCARE AND LAW – CHILD 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
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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 |
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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 |
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AINA V. WEST AFRICAN DRUG CO. LTD
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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 |
| AJIDAHUN v AJIDAHUN
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EDUCATION AND LAW – CHILD CUSTODY PROCEEDINGS:- Evidence that child requires special education – Evidence that a parent has been providing suitable education for child of the marriage for which divorce petition has been granted – Relevance in determining proper custodial orders HEALTHCARE AND LAW – CHILD 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 |
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HEALTHCARE AND LAW:- Access to healthcare – Pain and suffering arising from negligent driving by defendant – Recovery of cost from defendant – Joinder of defendant’s principals or insurers – Conditions precedent |
| 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 |
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ALAKIJA V. THE MEDICAL DISCIPLINARY COMMITTEE
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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
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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
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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
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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
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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 |
| ASANYA V STATE | HEALTHCARE AND LAW:- Insanity – Proof of – Claim of treatment with native medicine for madness – Whether sufficient to satisfy the burden of proof required in criminal proceedings |
| 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 | HEALTHCARE 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 |
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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
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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 |
| BAALO V, FEDERAL REPUBLIC OF NIGERIA | HEALTHCARE AND LAW |
| 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 |
| 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
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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 |
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BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS
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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
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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 |
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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
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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 |
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BROWNSON ETUK UDO V. THE QUEEN
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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 |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
