MEDICAL ERRORS IN HEALTH CARE INSTITUTIONS IN CAMEROON: SETTING THE PLATFORM FOR LEGAL INTERVENTION
Keywords:
Medical errors/ health/ care/ institutions/ professional patient relationship/ legal/ interventionAbstract
The right to good healthcare is a fundamental right to all human beings. Given that those to guarantee or provide this healthcare are fallible human beings, despite the best of training, skills, and vigilance, precaution, or preventive measures, medical errors still occur. These errors may occur due to misconduct, or ethical wrongs, negligence, and other medical malpractices. Medical practitioners often attach the adage “we tried our best but we could not make it, we are sorry”. Both this statement and the use of the word “errors” or “mistake” in medical diagnosis and treatment connotes at law lack of intention to bring or cause the outcome or consequence of the injury sustained by the patient as a result of the act of the practitioner. This seems to exonerate medical practitioners from liability even after pain has been inflicted or caused damage to the victims. The result is that, they at times go unpunished. There are numerous legislations both national and international to guide the practice and ethics of the medical field. However, patients or victims of these offences are less educated on their rights to good medical care and treatment and thus failed to understand that perpetrators of these medical malpractices can be held liable. The question then is: if at all they can be held liable, under what circumstances and what legal basis can they be held liable under the Cameroon law?
References
1. Article 12 of the 1948 Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights 1966 provides that (1) The State party to the present Covenant recognize the right to everyone to the enjoyment of the highest attainable standards of physical and mental health. (2) (d) further call on state parties to create conditions which would assure to all medical service and medical attention in the event of sickness.
2. Article 16 stipulates (1) Every citizen shall have the right to enjoy the best attainable state of physical and mental health and (2) States parties to this present Charter shall take necessary measures to protect the health of th eir people and to ensure that they receive medical attention when they are sick.
3. Rodrick Ndi, Nana Charles Nguindip. Dichotomy between the Cameroonian Labour Code and Employees’ Right to Health: The Case of Cameroon Tea Estate. 2018; 1(2): 55-68p.
4. Amadou Monkaree (2002), Consent to Medical Professional Treatment, AFSJP/UD, No. 1, Annee 2002, Jan -Juin 2002, p. 359.
5. Elliot, Doug, et al., (2012), ACCCN's critical care nursing (Chatswood, N.S.W: Mosby/Elsevier, Pp. 90-91
6. Reader, Tom W., et al., (2007), “Communication Skills and Error in the Intensive Care Unit." Current Opinion in Critical Care 13, no. 6, 732-736
7. Gullo, Antonino, and Philip D. Lumb (2009), Intensive and Critical Care Medicine. (Dordrecht: Springer), Pp.78-80.
8. Rathert, Cheryl, and Win Phillips (2010), “Medical Error Disclosure Training: Evidence for Values - Based Ethical Environments.” Journal of Business Ethics 97, no. 3. Pp. 498-500.
9. Luce, John M., and Douglas B. White (2009), “A History of Ethics and Law in the Intensive Care Unit.” Critical Care Clinics 25, no. 1. Pp. 221-225.
10. Multz, Alan S., et al. (1998), “A “Closed” Medical Intensive Care Unit (MICU) Improves Resource Utilization When Compared with an “Open” MICU.” American Journal of Respiratory and Critical Care Medicine 157, no. 1. Pp. 1468–1473.
11. Kaldjian, Lauris C., et al., (2008), “Reporting Medical Errors to Improve Patient Safety: A Survey of Physicians in Teaching Hospitals,” Archives of Internal Medicine 168: No.1. Pp. 40-43.
12. Meier, E., (2000), “Efforts Launched to Address medical Errors.” Nursing Economics 18, no 5. Pp. 265-266.
13. Sultz, Harry A., and Kristina M. Young (2006), Health care USA: Understanding its Organization and Delivery Sudbury, Massachusetts: Jones and Bartlett Publishers. Pp. 108-109.
14. Negash, Gediwon, et al., (2013), "Medication Errors in the Adult Emergency Unit of a Tertiary Care Teaching Hospital in Addis Ababa," Archives of Pharmacy Practice 4, no. 4, pp. 149-150.
15. Imhof, Michael, and Constantijn Blondel (2012), Malpractice in Surgery: Safety Culture and Quality Management in the Hospital, Berlin: De Gruyter, pp. 76-77.
16. Flaatten and O. Hevroy (1999), "Errors in the intensive care unit (ICU), "Act a Anaesthesiologica Scandinavica 43: 6. pp. 614-615.
17. Bohomol, El ena, et al., (2009), "Medication errors in an intensive care unit," Journal of Advanced Nursing 65, no. 6. P. 7.
18. Elliott Doug, et al., (2012), ACCCN's critical care nursing (Chatswood, N.S.W.: Mosby/Elsevier), p. 90.
19. Donchin, Yoel, et al., (2003), "A look into the nature and causes of human errors in the intensive care unit," Quality & Safety in Health Care 12, no. 2. p. 143.
20. Kale, Abhivyakti, et al., (2012), "Adverse drug events caused by serious medication administration errors," BMJ quality & safety 21, no. 11. pp. 933-938.
21. Zineldin, Mosad, et al., (2014): "Approaches for reducing medical errors and increasing patient safety: TRM, quality and 5 Qs method," TQM Journal 26, no. 1. Pp. 63-74. IJHML (2020) 28–38 © Law Journals 2020. All Rights Reserved Page 37
22. Weingart, Saul N., et al., (2000) "Epidemiology of Medical Error," BMJ: British Medical Journal, 320, no. 7237. pp. 774-777.
23. Calabrese, Andrea D. et al; (2001), “Medication Administration Errors in Adult Patient in the Intensive Care Unit”, Intensive Care Medicine 27, No. 10. Pp 1592-1998.
24. Ehsani, Seyedeh Roghayeh, et al., (2013), ‘‘Medical Errors of Nurses in the Emergency Department’’ Journal of Medical Ethics and History of Medicine 6, No. 1. pp 4-5.
25. Helmons, Pieter J., et al., (2009), "Effect of bar -code-assisted medication administration on medication administration errors and accuracy in multiple patient care areas," American no. 13. p. 1205.
26. Alnahdi, S. A. (2017), the ethical Obligation for Disclosure of Medical Errors in the Intensive Care Unit. (Doctorate Thesis , Duquesne University), Retrieve from https//dsc.duq -edu/etd/119. 4th August 2019. P. 80.
27. Dhillon, Balbir S. (2003), Human Reliability and Error in Medical System (River Edge, N. J.: World Scientific Publishers, P. 68.
28. Donchin, Yoel, et al., (2003), "A loo k into the nature and causes of human errors in the intensive care unit," Quality & Safety in Health Care 12, no. 2. P. 143.
29. Olden, Peter C., and William C. McCaughrin (2007), "Designing Healthcare Organizations to Reduce Medical Errors and Enhance Patient Safety," Hospital Topics 85, no. 4.pp 4-9.
30. Kopec, D., et al., (2003), "Human errors in medical practice: systematic classification and reduction with automated information systems," Journal of medical systems 27, no. 4. Pp. 297-313.
31. Dekker, Sidney WA, a nd Nancy G. Leveson (2014), "The bad apple theory won't work: response to Challenging the systems approach: why adverse event rates are not improving by Dr Levitt," BMJ quality & safety 23, no. 12. Pp. 1050-1051.
32. Zeggwagh, A., et al., (2014), "Preventability of death in a medical intensive care unit at a university hospital in a developing country, “Indian Journal of Critical Care Medicine 18, no. 2. Pp. 88-89.
33. Hurst Willis (2008), “Cognitive Errors (Can They Be Prevented?),” The American Journal of Cardiology 101, no.
34. Groopman Jerome E. (2008), How Doctors Think, (New York: Houghton Mifflin Harcourt), Pp. 227-231.
35. Croskerry, Pat (2003), “Cognitive forcing strategies in clinical decision making," Annals of Emergency Medicine 41, no. 1. Pp. 110-120
36. Boettger, Ryan K. (2012),"Types of errors used in medical editing tests," Journal of the American Medical Writers Association Journal 27, no. 3. p. 101.
37. Rothschild, Jeffrey M. et al., (2005), “The Critical Care Saf ety Study: The incidence and nature of adverse events and serious medical errors in intensive care,” Critical Care Medicine 33, no. 8. Pp. 1694-1700.
38. Alnahdi, S. A., op.cit note 26.
39. [1932] AC 562.
40. Furnishes medical or surgical treatment or furnishes or administers any drug or other substance shall be punished with imprisonment for from six days to six months.
41. That section is captioned “Unintentional killing and Harm” It states: a. whoever by lack of due skill, carelessness, rashness or disregard of regulation causes another’s death or such harm, sickness or incapacity as described in sections 277 or 280 shall be punished with imprisonment for from 3 (three) months to 5 (five) years or with a fine from CFAF 10.000 (ten thousand) to CFAF 5 00.000 (five hundred thousand) or with both fine and imprisonment; IJHML (2020) 28–38 © Law Journals 2020. All Rights Reserved Page 38 b. Where such harm, sickness or incapacity as is described in Section 277 ( Grievous Harm) or Section 280 (Simple Harm) is caused by an offence against, 227 or 228 (2) ( a ) or (b) which the i mprisonment term shall be from 6 months to 20 years; c. Where another’s death is caused by an offence against section 227 or 228 (a) and (b) (Arson and Dangerous activities respectively) the punishment shall be imprisonment for life.
42. This is what entails in C ameroon as in the case of Smith v. Selywn.
43. Owen Richard, (2000), Essential Tort Law, 3th edition, Cavendish Publishing Ltd, London. P. 1.
44. Ibid, at p. 31.
45. (1868) UKHL 1 LR3 HL330.
46. Source from an Interview with Dr. Ronnie Rosella (A medical practitioner in Bamenda Regional Hospital) 12TH May 2019. Cite this Article Rodrick Ndi, Kongnso Emile Tata. Medical Errors in Health Care Institutions in Cameroon: Setting the Platform for Legal Intervention. Indian Journal of Health and Medical Law. June 2020; 3(1): 28–38p.
