Judiciary confirms consumer protection agency's power to investigate medical malpractice

The Federal High Court in Abuja has reinforced the authority of the Federal Competition and Consumer Protection Commission to investigate complaints of medical negligence, thereby bolstering consumer protection within Nigeria's healthcare sector, as stated in a statement released by the FCCPC on Tuesday.

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This development stems from a ruling delivered by Justice Emeka Nwite on April 15, in a suit initiated by Life Bridge Medical Diagnostic Centre Ltd, which contested the Commission's jurisdiction to probe healthcare-related complaints.

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The plaintiff, Life Bridge Medical Diagnostic Centre Ltd, argued that the FCCPC lacked the requisite jurisdiction to handle medical negligence cases, and that it could not act without first establishing a concurrent regulatory arrangement with the Medical and Dental Council of Nigeria.

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However, the court dismissed these claims, holding that healthcare services provided for payment fall within the scope of services covered under the Federal Competition and Consumer Protection Act, 2018.

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Justice Nwite clarified that issues relating to consumer satisfaction can fall within the FCCPC's mandate, even in sectors regulated by professional bodies, and noted that professional regulation and consumer protection serve distinct functions.

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According to the ruling, while medical bodies oversee discipline and ethics, the FCCPC is responsible for ensuring fairness, quality, and accountability in service delivery, as stated in the FCCPC's statement.

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The statement further quoted Justice Nwite as saying that the absence of a formal agreement with another regulator does not extinguish or suspend the powers conferred on the FCCPC by the statute, given that the plaintiff is a commercial entity providing diagnostic services for reward.

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Tunji Bello, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, described the judgment as a strong affirmation of consumer rights across all sectors, including healthcare, in his reaction to the decision.

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Bello explained that the decision affirms that sector-specific professional regulation and consumer protection oversight are distinct statutory functions that can operate side by side in the public interest.

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He noted that the Commission does not seek to replace professional regulators, but rather aims to ensure that consumers receive fair treatment and services that meet legal standards, as reiterated in the statement.

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The ruling, according to Bello, confirms that no commercial service sector is beyond consumer protection accountability, and he reiterated the FCCPC's commitment to engaging stakeholders to improve service quality and public confidence.