The Abuja Division of the Federal High Court has confirmed that the Federal Competition and Consumer Protection Commission (FCCPC) has the power to look into complaints made by patients against healthcare providers.
Justice Emeka Nwite made the decision on April 15. Many people think it will help make Nigeria’s medical system more accountable.
Lifebridge Medical Diagnostic Centre Ltd filed the case, which was given the number FHC/ABJ/CS/1019/2021. They questioned whether the commission had the authority to handle complaints about healthcare services.
The plaintiff contended that the FCCPC did not possess the authority to investigate purported instances of medical negligence without first creating a concurrent jurisdiction framework with the Medical and Dental Council of Nigeria.
Justice Nwite, on the other hand, threw out the claims, saying that the plaintiff is an undertaking under the Federal Competition and Consumer Protection Act 2018 because it is a business that offers diagnostic services for a fee.
He said that healthcare services are one of the types of services that are watched over by consumer protection.
The court also said that the FCCPC can handle complaints about customer satisfaction, even if the industry is also regulated by professional organizations.
Justice Nwite made it clear that consumer protection and professional regulation are not the same thing.
He said that regulatory bodies are still in charge of the discipline of medical professionals, but the commission is in charge of issues like service quality, fairness, standards, and patient care.
The court made it clear that Section 105 of the FCCPA does not require regulators to work together before taking action.
The judge said that the FCCPC’s legal powers are not limited or put on hold just because they don’t have a formal agreement with another regulatory body.
Not a problem with patient privacy
The court also said that legal investigative powers that are used in the public interest and in accordance with due process do not have to follow ethical rules like keeping patient information private.
Tunji Bello, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, said that the ruling was a big step forward for consumer rights.
He said that the decision strengthens the idea that consumers have the right to protection and compensation in all areas where services are provided for a fee, such as healthcare.
Bello stressed that the decision shows that protecting consumers and regulating professionals can work together for the good of the public.
He said that the commission’s job is not to replace professional organizations but to make sure that services are fair and of high quality.
He said, “The judgment confirms that no commercial service sector is beyond lawful consumer protection accountability.”
He also said that the FCCPC is still dedicated to working with healthcare providers, regulators, and other interested parties to promote accountability, improve service delivery, and boost consumer trust in the sector.
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