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11-year-old sues hospital over damaged testis
Nelson George, an 11-year-old teenager, has filed a N100 million lawsuit against Limi Children’s Hospital Limited for alleged misdiagnosis and mistreatment that resulted in the damage of one of his testes.
Nelson, who filed the claim through his father, Bankole George, also asked Justice Akanbi Yusuf of the FCT High Court in Kubwa to issue an order directing the hospital to pay him N5 million as legal fees.
Nelson further asked the court for an order requiring the medical outfit to write a letter of apology to him for the alleged misconduct in the action marked: FCT/HC/CV/7356/2023, which was dated and filed on August 28 by his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LLP.
According to the suit, the claimant also joined the Medical and Dental Council of Nigeria, the Medical and Dental Practitioners’ Investigation Panel, and the Federal Competition and Consumer Protection Commission as 2nd to 4th defendants in the matter.
The claimant also urged the court to declare that the second to fourth defendants should be more proactive in ensuring that they perform their duties under their mandate as provided in the respective legislation establishing them to protect and promote their own interests and well-being, as well as the interests and well-being of members of the Nigerian public.
In his joint statement of claim, Nelson said he was 11 years old and presently “in Junior Secondary School 3 and lives under the parentship of Bankole George, who is his next friend and legal guardian.”
“Bankole George (“Bankole”) is the biological father of the claimant.
“He is a Grade Level 18, Step 11 Director of Dangote Cement Plc. and a subscriber of the Platinum package of the National Health Insurance Scheme (NHIS AXA MANSARD),” the statement said.
Nelson was claimed to be a beneficiary of Bankole’s Health Insurance Scheme in Abuja.
According to the statement, on January 30, 2023, Bankole discovered that the claimant (Nelson) was experiencing severe abdominal pains as well as swelling in his genital area and scrotum.
“Bankole promptly rushed the claimant to the 1st defendant’s hospital, which is one of the hospitals listed in Bankole’s package of the NHIS for himself and his family members, of which the claimant is one.
“After preliminary checks, the claimant was admitted to the first defendant’s hospital for treatment,” it said.
It said that the hospital then conducted laboratory tests on Nelson, including a scan of his genitals.
“In the scan report, the sonologist concluded that the claimant suffered from epididymo-orchitis or torsion.
“The claimant was admitted to the 1st defendant’s hospital for 4 (four) days to undergo treatment for acute epidydymo-orchitis only without addressing the torsion in the scan report.
“He was discharged from the 1st defendant’s hospital in the evening of February 2, 2023,” it said.
“Painfully, on the evening of February 9, 2023, at about 11 p.m., the claimant complained of discomfort in his genitals and the same abdominal pains.
“Bankole took the claimant back to the 1st defendant’s hospital in the morning of Friday, February 10, 2023.
“The claimant was again admitted and this time treated for malaria, sepsis, and peptic ulcer disease, with a series of tests conducted once more.
“The abdominal pains subsided, and the claimant was discharged the second time in the evening of February 11, 2023,” it said.
It also stated that on February 13, Nelson complained of painful abdominal pains and swollen genitals, and that Bankole was recommended to transport the claimant to another hospital for better diagnosis and treatment.
“The claimant was taken to Nisa Premier Hospital Abuja (“the Nisa Premier”),” it said.
After a preliminary examination and a scan revealed that Nelson had a testicular torsion (“TT”), a urologist and his team at Nisa Premier performed scrotum surgery right away.
According to the statement, they then determined that Limi Children’s Hospital Limited’s delay in identifying and treating the claimant had resulted in complete damage to one of his testes.
Limi Hospital, on the other hand, denied any misconduct and stated that its actions were in accordance with established medical protocol.
Furthermore, on April 6, Limi Hospital’s counsel responded to Nelson’s lawyer, Ekpenyong, and cleared the hospital of any misconduct or liability.
According to the report, Nelson’s lawyer petitioned the Medical and Dental Council of Nigeria, and when Nelson’s affidavit reached the Medical and Dental Practitioners’ Investigation Panel, the panel stated that it lacked jurisdiction over the matter.
According to the report, Ekpenyong then petitioned the Federal Competition and Consumer Protection Commission, but the commission took no action on the complaint.
As a result, Nelson claimed that Limi Hospital owed him a responsibility as a patient to properly identify his medical condition in order to prevent his condition from deteriorating to the point of losing one of his testes.
At the time of publication, the defendants had yet to react to the originating processes served on them.
The case will be heard on December 20 by Justice Yusuf.
