A medical doctor based in Adamawa State, Dr. Yakubu Hassan Koji,
has been adjudged guilty of all the 12 charges preferred against
him.
He was arraigned for allegedly 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, declared him guilty as
charged for the 12 count charges of gross negligence and
professional misconduct.
The tribunal in delivering its judgment said: “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 Chairman in his judgment explained that because of the
enormity of the professional misconduct, the tribunal is minded to
pass the maximum sentence.
His judgment reads: “The name of Dr. Yakubu Hassan Koji, is
hereby struck out of the register of the Medical and Dental Council
of Nigeria.”
Recall that the doctor performed an operation on the patient
without informing him of the risks involved; in the process he
‘mistakenly’ cut off the kidneys in the patient.
Although in earlier arraignment, Koji pleaded not guilty to one
or two of the charges, however, in a new twist, the respondent
pleaded not guilty to all of the twelve-count charges.
Dr. Yakubu Hassan Koji, practised from 2012 (housemanship) to
2016.
In an interview with the Nation Correspondent, the respondent
lawyer, Mr B. E Olowonubi,
said: “There are options that are open to any aggrieved person to
the decision of the tribunal.
“One option is to abide by the decision of the tribunal. The
other option is to appeal the decision of the tribunal to the court
of appeal.
“To appeal the decision, the respondent has 28 days to do that
by the rules of the tribunal.
“From the area he comes from there is a level of poverty in the
area. He is one of those who have been very helpful to the
downtrodden who require medical help, and with reference to this
particular incident, you realise that when a medical doctor is
performing surgery it is difficult to take notes because the
patient came as an emergence.”