MDCN Clears Five Doctors of Prima Facie Misconduct Over Lovelyn John’s Death, Refers One Other to Tribunal

Sunday Ehigiator

The Medical and Dental Practitioners Investigation Panel has found no prima facie case of professional misconduct against five doctors linked to the death of Mrs Lovelyn Akudo John at Gynescope Specialist Hospital, while referring another practitioner, Dr Joseph Aliyu Yahaya, to the Medical and Dental Practitioners Disciplinary Tribunal.

The development was contained in a recent communication, which outlined the Panel’s findings following its consideration of complaints arising from the circumstances surrounding John’s death.

According to the communication, the five doctors against whom no prima facie case was established are Professor Jude Ehiabhi Okohue, Dr Adeyi Taiwo Olugbenga, Dr Chukwuebuka Igbokwe, Dr Olawale Enigbokan and Dr Owoseni Taiwo.

Professor Okohue, the proprietor of Gynescope Specialist Hospital, was specifically considered by the Panel but was not referred to the Disciplinary Tribunal.

However, the Panel referred Dr Yahaya, who was involved in the management of the deceased patient, to the Tribunal after its preliminary assessment of the allegations against him.

The referral represents a separate regulatory outcome and does not amount to a conviction or a final determination of professional negligence.

It means the allegations against Dr Yahaya will proceed to the appropriate disciplinary stage for further examination and determination in accordance with the applicable procedures.

The distinction between the practitioners’ respective outcomes comes amid public debate over the circumstances surrounding John’s death and the medical care she received.

The controversy has also drawn attention to the need to distinguish preliminary regulatory findings from final decisions on professional misconduct or negligence.

The Panel’s decision not to refer the five doctors indicates that it did not establish a sufficient basis for disciplinary referral against them at that stage. It does not, however, constitute a judicial determination resolving every possible question of liability in other proceedings.

Similarly, Dr Yahaya’s referral does not establish that the allegations against him have been proved, as he remains entitled to present his defence before the Tribunal.

The case is also before the Lagos State Coroner’s Court, where an inquest is ongoing to examine the circumstances surrounding John’s death.

The outcome of the Panel’s preliminary assessment does not, by itself, establish that Gynescope Specialist Hospital has been found legally liable or absolved of every possible claim. Questions concerning institutional liability are distinct from the disciplinary proceedings against individual practitioners and must be considered on the relevant evidence and applicable law.

Likewise, the determination of the medical cause of death does not automatically establish negligence. Any such conclusion would require an assessment of the applicable professional standards, the treatment provided, the clinical evidence and whether an alleged breach caused or materially contributed to the death.

The ongoing inquest is expected to provide a forum for examining relevant evidence and addressing outstanding questions surrounding the circumstances of the incident.

The developments have also renewed calls for the Panel’s findings to be reported in their entirety, rather than focusing exclusively on the referral of one practitioner while overlooking the outcome concerning the other doctors.

The deceased’s family is entitled to seek answers and pursue accountability through lawful channels, while the practitioners concerned are entitled to fair consideration of the allegations against them.

The disciplinary process and coroner’s inquest remain distinct proceedings, and their respective outcomes will be determined through the applicable procedures.