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+---- Thread: Adamawa doctor re-arraigned for allegedly removing patient's kidneys (/showthread.php?tid=22750)
Adamawa doctor re-arraigned for allegedly removing patient's kidneys - Edoman - 09-26-2019
Adamawa doctor re-arraigned for allegedly removing patient's kidneys
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The removal of two kidneys from one Mr. Isa Hamma (now deceased), has led to the re-arraignment of an Adamawa based doctor Dr. Yakubu Hassan Koji before the Medical and Dental Council of Nigeria (MDCN) tribunal which sat today September 24.
The medical doctor who performed the surgical process on his patient without telling him the risk involved, was arraigned on a twelve-count charge which cenetered on negligence of duty.
Quote:“That you, Dr. Yakubu Hassan Koji, registered medical practitioner and practicing as such , between 25th June and 7th July, 2016 or thereabouts at Jimeta Clinic and Maternity, Jimeta, Adamawa State, were negligent when you undertook a surgical operation on one Isa Hamma and remove an organ you could not identify and by the said fact, conducted yourself infamously in a professional respect contrary to Rules 29.4f of the Code of Medical Ethics in Nigeria, 2008 Edition, and punishable under section 16 (1) (a) of the Medical and Dental Practitioners’ Act CAP M8 LFN 2004 (as amended)" one of the charges read.
Dr. Yakubu pleaded not guilty to the 12 count charge even though he pleaded guilty to one or two of the charges earlier. The Prosecution Counsel, Dr. Musa A. Aliyu while reacting to the "Not Guilty" plea by the Adamawa based doctor, opposed the plea bargain the defence counsel B. E Olowonubi opted for. According to him, a plea bargain is only possible when a defendant pleads guilty to charges against him.
Quote:“We remember that this respondent had earlier pleaded guilty to a count or two; that would have been the proper pedestal to build a leniency of any punishment that can be meted to him.
“But he, after he has taken his plea, has taken a step to say ‘I am not guilty’, what are you bargaining again? Plea bargain will only result in – I am guilty.
“This is a tribunal established by law, and the proceedings are guided by law. In criminal crime, in the new development there are issues of plea bargain which the administration of criminal justice have introduced into our criminal justice system, which is accepted in the court.
“But to the best of our knowledge Mr. Chairman, there is no provision either in the medical ethics of Nigeria or in the Medical and Dental Practitioners’ Act, which empower the prosecution or the Medical and Dental investigation panel to enter into any bargain with somebody it has investigated and found that he has a case to answer, as a result of which a charge is proffered against him" he said.
Chairman of the tribunal, Prof. Abba Hassan told everyone present at the tribunal proceeding that Dr. Yakubu had pleaded guilty earlier to the charges but changed his plea after the tribunal gave him time to get a counsel.
Quote:“The issue is the removal of functional kidneys in an individual, which has led to the death of the patient. Even if you are going to do a plea bargain, the important thing which you raise is not our law now.
“In the review of the Act, if this comes in, but as far as I am concerned, the members of the tribunal have no option than to go ahead with the prosecution because the case is an issue of somebody who lost both of the organs and the patient is dead. It is only fair to the complainants that we conclude this case to a surgical conclusion,” he said.
Yakubu had treated Isa at his Jimeta clinic for stomach complications, but ended up operating the victim on July 8, 2016. He allegedly removing his kidney in the process. Three days after the operation, it was gathered that Isa could not urinate.
The complications further degenerated with the face and legs of the victim becoming swollen which prompted the family to return to the accused doctor who later referred them to the Federal Medical Centre in Gombe. It was at the Gombe hospital that medical officials working with the Federal Medical Centre revealed that Isa’s kidney had been “removed.”
The tribunal is expected to continue the trial on Wednesday September 25, and also to pass its judgement.
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RE: Adamawa doctor re-arraigned for allegedly removing patient's kidneys - Edoman - 09-27-2019
Nigerian doctor's license withdrawn for carrying out kidney operation on a deceased victim without permission
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The Medical and Dental Council of Nigeria (MDCN) has withdrawn the license of Dr Yakubu Koji, a medical doctor based in Adamawa State, after he was found guilty of surgically cutting off the kidneys of one Isa Hamma, now deceased, a patient under his care, without informing the patient of the nature of the operation and risks involved.
The Chairman of the tribunal sitting of the Medical and Dental Council of Nigeria (MDCN), Prof Abba Hassan, today September 27th, declared Koji guilty of conductig an operation on the deceased without having a good knowledge about the operation, what the organ he was to operate on is about and also conducting an operation without due approval from the victim. Koji had cut off the deceased Kidney before realizing its function. He claimed it was a mistake.
Professor Hassan who delivered judgement in a petition filed before the council, found Koji guilty. Delivering judge, he said
Quote:“The tribunal has no difficulty in resolving the sole issue against the respondent and in favour of the prosecution. The prosecution has proved all the counts of all the charges to warrant a conviction of the respondent.
“The respondent engaged in malpractice when he failed to use his considered judgment and sense of honour by acceding to the demand of his patient Isa Hamma, to undergo a surgery on him. The respondent exhibited incompetence in the assessment of Isa Hamma, a patient under his care.
“The respondent failed to correctly diagnose the illness of Isa Hamma, a patient under his care. The respondent failed to advice Isa Gamma, patient under his care. The respondent failed to obtain informed consent of one Isa Hamma, a patient under his care before undertaking a surgical operation on him.
“The respondent undertook a surgical operation in one Isa Hamma, and removed an organ he could not identify. The respondent failed to refer in good time when Isa Hamma, a patient under his care when such referral was necessary. The respondent failed to do all that he reasonably ought to have done under the circumstances in the treatment of one Isa Hamma, a patient under his care. The respondent failed to appropriately communicate with one Isa Hamma, a patient under his care with good regard to his condition.
“The respondent undertook a surgical procedure on one Isa Hamma which resulted to the loss of his kidneys. The respondent failed to conduct his medical duty in accordance with standard decorum and by methods adjudged acceptable and appropriate in the generality of the registered member of the Medical profession in the treatment of one Isa Hamma, a patient under his care.
“The respondent failed to pass on the details and history and treatment of one Isa Hamma, to Federal Teaching Hospital Gombe, when he referred the patient to the Federal Teaching Hospital, Gombe.
“The respondent violated laws 29.4d, 29.4a, 29.4g, 29.4h, 29.4i, 31, 33, 33.1, 33.0 and 43.3 of the Code of Medical Ethics in Nigeria in 2008 Edition.”
The name of Dr. Yakubu Hassan Koji, is hereby struck out of the register of the Medical and Dental Council of Nigeria.” the council held