Fidelity bank banner UBA banner
Court fines hospital N.5m for detaining baby’s corpse, parents

By Pamela Eboh, Awka on 21/07/2018

Share on facebook Yahoo mail icon Gmail icon Share on Google+

Views: 891


The cost of N500,000 has been awarded by the Anambra State High Court against Iyi Enu Mission Hospital in the Idemili Local Government Area of Anambra State for unlawful detention of the corpse of a child and the parents for non-payment of hospital bills.

The judgement in suit No: 0/255/2017 which was passed by the Anambra State High court came on the heels of a lawsuit filed by Mrs Ngozi Osegbo and Mr Chinonso Osegbo against the Synod of the Diocese on the Niger who are the Registered Trustees and owners of the hospital.

The court presided over by Justice Osuma ruled that the hospital's refusal to discharge their patient for reason of non-payment of medical bills amounted to false imprisonment.

The Hospital had reportedly locked up the plaintiffs insisting that the only criteria for their discharge would be completing the payment of their bills.

A ruling made available to journalists in Awka on Friday said: “The plaintiffs had taken their 11months old baby to Iyi Enu Mission Hospital for treatment, but he died while undergoing treatment.

“The Hospital thus detained the plaintiff for more than 10 hours despite every plea to allow them put themselves together and sought for funds.

“The plaintiffs had to approach the court for the following reliefs to wit:

“A declaration that the defendants owed the plaintiff’s child (Marvelous Osegbo) a duty of care, and they breached that duty which resulted in his death.

“A declaration that the action of the defendants’ security men in denying the plaintiffs exit from the hospital and threat of grievous bodily harm with gun amounted to false imprisonment.”

The claimants, however, asked the court “for general damages in the sum of N500,000 and 35% interest per annum (or prevailing CBN interest rate) of the judgment sum from date of judgment until final liquidation of the judgment debt.

Delivering the judgment, the court held that the plaintiffs had proved their case.

The court explained that close scrutiny of evidence PW1 and PW2, showed that “their evidence in that respect which is consistent with their pleading and not contradictory were not challenged under cross-examination by the defendants and therefore accepted by same.”

The court, which decried the measure the hospital took to recover its bill, noted that the detention of the plaintiffs for ten hours resulted in false imprisonment.

The ruling further reads: “The act of the defendants in detaining the 1st plaintiff for 10 hours in the circumstance of this case no doubt constitutes acts of false imprisonment. I must deprecate the uncivil and indecent way and manner the defendants recovered the said hospital bill.

“It is not expected that the first defendant (hospital) particularly will engage itself in such uncivil and illegal means of debt recovery.

“Much as this court recognises the fear in the disappearance of patients when it comes to payment of hospital bills or debts generally, I do not find it sufficient to justify illegality that two wrongs do not make a right.”

The court, therefore, the award’s the sum of N500,000 against the Registered Trustees of the Synod of the Diocese on the Niger that owns Iyi Enu Mission Hospital together with 35% interest on the judgment sum until final liquidation of same.

Source News Express

Posted 21/07/2018 05:10:31 AM

 

Share on facebook Yahoo mail icon Gmail icon Share on Google+


 

CLASSIFIED ADS

 

You may also like...
Adebanjo defends Afenifere's endorsement of Jonathan

Abducted schoolgirls: First Lady loses confidence in President...

Boroh intensifies peace moves, takes House of Reps...

APC Primary: Party chieftain killed with charm in...

Delta State Government approves 4 roads in capital...

50-year-old man in police net for defiling lover’s...

Eagles big boys fire blank against Cape Verde...

NIMASA introduces new Cabotage compliance strategy, seeks more...

7 reported missing after US Navy ship collides...

Inside the PDP Tower of Babel, By Olusegun...

Navy destroys another set of illegal refineries in...

Elumelu, South Africa’s Oppenheimer team up, fashion out...

 

Latest News Boko Haram kills another abducted Red Cross worker, threatens to enslave Leah Sharibu Microsoft co-founder succumbs to cancer Presidency reportedly orders EFCC to detain Fayose indefinitely Kano lawmakers probe alleged bribery by Governor Ganduje How I’ll deliver one million votes for Governor Emmanuel’s second term — Elijah Ifot, Akwa Ibom leader in Lagos 2019: NEFAD endorses Atiku, Umahi 2019 Presidency: Igbo Ekunie berates Southeast PDP for position on Atiku’s choice of Peter Obi as running mate Police summons PDP guber candidate over alleged murder 2019 elections: INEC insists Zamfara APC has no candidate Adeleke to be docked 31 October for exam fraud ASUU splits in two over attack on vice-chancellor of FUOYE Atiku can get our economy working again — Spokesman

 

Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (406,535 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (382,234 views) Shameless Genevieve Nnaji exposes breasts in public (314,580 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (256,587 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (237,275 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (224,225 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (203,969 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (185,465 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (170,011 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (165,828 views) Lagos plane crash: Journalist releases victims’ names (161,395 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (149,215 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (67) Business & Economy (3,680) Business Verdict (52) Columnists (945) Complaints & Requests (94) Enterprise & Opportunities (207) Entertainment (559) Features (659) Global Business Monitor (304) International (2,530) Interview (165) Live Commentary (28) Love Matters (145) News (39,629) Opinion (1,123) Pidgin (13) Politics (7,230) Religion (880) Sports (1,730) Stock Watch (35) AMA & Al Jazeera Global Update

 

Zenith Zero Balance

NLNG Expression of Interest banner

CBN banner

Firstmobile banner

 

 

NEWS EXPRESS TV

Fulham vs Arsenal 1-5 All Goals & Extended Highlights

 

APO Group Partner

 

 

CLASSIFIED ADS

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement