AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE COMPULSORY TREATMENT AND CARE FOR GUNSHOT VICTIMS IN NIGERIA

Abstract

Many gunshot victims in Nigeria have been reported to have lost their lives after being denied medicare because of their inability to provide police report or inability to pay the initial treatment deposit. The Compulsory Treatment and Care for Victims of Gunshot Act, 2017 was enacted to remedy this situation. The Act mandates hospitals and medical facilities to provide immediate medical treatment to victims of gunshot injuries, regardless of the absence of a police report or initial treatment deposit; this is to ensure that gunshot victims receive prompt medical attention, regardless of their financiaal or legal status. The National Health Act 2014 also makes it an offence for health care providers, health care workers, or health establishment to refuse a person emergency treatment. The Compulsory Treatment and Care for Victims of Gunshots Act, 2017 was enacted to specifically protect the rights of gunshot victims in Nigeria. Despite the provisions of the National Health Act 2014 and the Compulsory Treatment and Care for Victims of Gunshots Act 2017, most health care facilities and health care practitioners still insist that the requirement of police report and initial treatment deposit are met as pre-condition for treatment of gunshot victims. The Compulsory Treatment and Care for Victims of Gunshots Act 2017 focuses on upholding the sanctity of life by preserving the lives of gunshot victims and removing the obstacles that prevent access to quick medical attention; the rights of gunshot victims and volunteers or helpers of gunshot victims; obligations of hospitals; obligations of the police and penalties for violations under the Act. Despite the beautiful provisions of the Compulsory Treatment and Care for Victims of Gunshots Act 2017, which specifically provides for the treatment and care of gunshot victims in Nigeria, hospitals and medical practitioners still make police report or payment of hospital bills a pre-condition for treatment. This article examines some of the impediments and challenges facing the implementation of the existing law. This research attempts to find out why the practice persist, despite the relevant enactments. This research identified some of the impediments and challenges to the implentation of the existing laws on the compulsory treatment and care for gunshot victims in Nigeria and explores the way forward to ensure compliance and implementation of the existing laws.