(2010) JELR 49389 (CA)    

Court of Appeal  ·  CA/L/206/2005 ·  29 Apr 2010 ·  Nigeria
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
honourable tribunal
medical practitioner
material issues
time of the operation
vital signs
decision of the honourable tribunal
learned counsel
mrs. cecilia chukwuogor
mrs. nwiru obiekwe
mrs. obiekwe
registered specialist obstetrician
11b john nwodo close
appellant set
autopsy reports
blood transfusion
briefs of argument
caesarian operation
case clause
deceased patient
dental practitioner disciplinary tribunal
dr. ifeanyi obiekwe
dr. obioma okezie
evidence of negligence
evidence of the prosecution witnesses side
evidence of witnesses
fibroid surgery
finding of the tribunal
following charges
following issues
following words
leading judgment
legal duty
medical doctor
members tribunal
mr. nnemeka chukwukelu chukwuogor
necessary professional care
notice of appeal
obstetric operation of caesarean section
opinion of its members
own defence
professional services of an anaesthetist
purpose of antenatal care
qualified professional nurse
record of appeal
said tribunal
university of nigeria teaching hospital
use of ketamine anaesthesia

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The Appellant herein, Dr. Obioma Okezie, a registered Specialist Obstetrician and Gynaecologist, and a lecturer at the University of Nigeria Teaching Hospital (UNTH) Enugu, owned and operated a hospital called Christian Miracle Hospital at 11B John Nwodo Close, G.R.A. Enugu. Sometimes in September 1998, he successfully carried out fibroid surgery on Mrs. Nwiru Obiekwe (now deceased) with the consent of her husband, Dr. Ifeanyi Obiekwe, who is also a Medical Doctor. Before this surgery, Mrs. Obiekwe had complained of infertility and miscarriage and had had a myomectomy in England in 1996. Two years after the surgery, Mrs. Obiekwe became pregnant and approached the Appellant in his private clinic to be her doctor for the purpose of antenatal care. During the antenatal care, the Appellant found that the deceased could only be delivered through caesarian operation and this was fixed for 23rd February, 2001. The operation commen…

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