Some senior lawyers in the country, including a former President of the Nigeria Bar Association (NBA), Dr Olisa Agbakoba (SAN), have called for a swift overhaul of the country's healthcare regulations following the death of Master Nkanu Adichie-Esege, the son of renowned author Chimamanda Ngozi Adichie.
The lawyers insist that the lack of effective regulation and enforcement mechanisms has emboldened some practitioners to compromise on standards, with devastating consequences for patients.
They call for the strengthening of Nigeria's regulatory frameworks, enhancing professional accountability, and ensuring that victims of malpractice have access to justice.
Agbakoba, in a press statement he issued in Lagos, described the child's death at Euracare Multi-Specialist Hospital as "another instance reflecting the unacceptable incompetence present in some Nigerian healthcare facilities."
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The senior lawyer said that he had overseen more than 50 similar cases over the past two decades.
He pointed out the risks associated with propofol sedation, used on January 7, as especially concerning: "Propofol demands exceptional care due to its potential to cause cardio-respiratory failure. An overdose can be fatal, and evidence suggests an overdose may have occurred in this case."
While praising the Lagos State government's probe pledge and Euracare's cooperation, Agbakoba stressed: "Such investigations must be genuinely independent and transparent. I have witnessed instances where medical records are altered to avoid culpability."
He blamed the decay in the system on the "complete collapse of the legal and regulatory framework," lamenting the loss of strong oversight that existed during the tenure of past Chief Medical Officers, one of whom was Dr Samuel Layinka Manuwa.
"Today's overly centralised system under the Health Minister fosters impunity, with no systematic inspections or enforcement," he said.
Agbakoba, therefore, demanded the separation of policy and regulation, as well as the immediate establishment of an independent Health Regulatory Authority with the power to inspect facilities.
He also insisted that the Health Regulatory Authority must be empowered to enforce standards and sanction non-compliance.
The senior lawyer also called for the reinstatement of the Office of the Chief Medical Officer at the federal and state levels with clear enforcement mandates.
Agbakoba further urged the government to establish an independent investigation mechanism with the authority to access and preserve medical records, as well as to formulate comprehensive legislative reforms that update Nigeria's health laws to reflect modern standards of care, accountability, and patient protection.
Another senior lawyer, Kayode Enitan (SAN), agreed with Agbakoba that Nigeria's healthcare regulations require a comprehensive overhaul.
Enitan said that the unfortunate reality is that medical malpractice exists in various forms across both public and private healthcare sectors.
He stressed that while regulations may need minor adjustments, the main obstacle that sustains the issue is how consequences are managed.
The lawyer stated, "Doctors must understand that they will face appropriate repercussions if they err, misdiagnose, or improperly administer drugs.
"Lastly, doctors who support patients when malpractice happens should not be regarded as traitors or ostracised by their colleagues for breaking the 'code of silence'," Enitan said.
On his part, a Lagos-based lawyer, Matthew Ochonogor, said that the spate of malpractice and misdiagnosis--evident in tragedies like the recent death of Chimamanda Adichie's son at Euracare Hospital, Peju Ugboma's case, and countless unreported incidents--stems directly from a decayed regulatory architecture unfit for modern healthcare.
He also stated that the Adichie case was a wake-up call and preventable under diligent regulation.
"The government must take action through executive orders and bills in the National Assembly, or else public trust may diminish. Patients are entitled to receive security measures that meet world-class standards in our sovereign healthcare system.
"Achieving meaningful reform requires more than just rewriting regulations; it demands political resolve, investment in infrastructure, ongoing professional development, and a strong system for reporting and investigating malpractice. These steps are crucial to rebuilding trust and safeguarding patient safety," Ochonogor maintained.
Also, some lawyers who spoke to LEADERSHIP last night said the overhaul of Nigeria's health system was long overdue.
According to them, the lack of facilities in the health system is also something that should concern everyone.
Abdul Balogun, SAN, blamed the government for not providing an adequate health system in the country.
According to him, "Most of our health institutions are using obsolete equipment. We don't have modern facilities to treat patients.
"That is why health workers are always demanding better conditions of service, but the government will always use the instrumentality of the law to stop them.
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"We can't afford to continue like this; something urgent must be done to address the situation. If we continue like this, in the next few years, there may not be a health system in the country."
For his part, Barrister Igbintade J. Adeoluwa warned that the country may witness more avoidable deaths if nothing is done.
He called on stakeholders in the health sector to find a lasting solution to the challenges in the sector.
"A professor of medicine once said we are now training 'killers in our schools of medicine and not healers', and to me, that should be the starting point.
"Our colleges of medicine should be the starting point if we are to change the face of our health institutions. I think there should be a stakeholders' summit where all the challenges facing our health institutions will be addressed," he said.
A Professor of Law, Adindu Martins, said the government has not done enough to provide adequate health facilities for the country.
He said the case of Chimamanda's child was publicised because of the personality involved.
"Many people who do not have voices go through similar or even worse experiences daily, and nothing is done.
"The government needs to do something very drastic to arrest the situation," he said.
