Lagos lawyers urge hospitals to stop demanding deposits before emergency care

Legal challenge to deposit demands On Saturday, a coalition of Lagos‑based lawyers addressed the News Agency of Nigeria (NAN) to caution hospitals and other health providers against requesting deposits before treating patients in medical emergencies. The lawyers argued that such requests contravene the National Health Act of 2014, specifically section 20(1), which bars any refusal of emergency care on the basis of a patient’s inability to pay.

Statutory obligations for all facilities Ms Odinichionye Egwuenu, an associate of the Institute of Medical and Health Law, explained that the prohibition applies to both public and private hospitals. She stressed that internal hospital policies cannot override the statutory duty to provide emergency care without pre‑payment. The lawyers urged that the law’s clear wording must be respected, regardless of a facility’s internal guidelines.

Balancing patient rights and financial realities While condemning deposit demands, the lawyers also acknowledged the financial pressures faced by health institutions. They highlighted the need for effective financing and reimbursement mechanisms that would shield hospitals from losses while ensuring that patients receive timely treatment. Concerns were raised about staff salaries, equipment upkeep and the procurement of essential medicines—costs that can strain a facility’s budget.

Complexities after treatment Egwuenu pointed out a particular dilemma: when a hospital provides emergency care, the patient dies, and the family either abandons the deceased or refuses to settle outstanding bills. This situation can leave providers with unpaid costs and further financial strain. The lawyers suggested that any policy addressing deposits must consider such scenarios to avoid unfairly penalising hospitals.

The role of the Basic Health Care Provision Fund The lawyers noted that section 11 of the National Health Act establishes the Basic Health Care Provision Fund. However, they cautioned that the fund’s effectiveness depends on a thorough examination of how it is managed and whether it adequately supports hospitals in meeting their financial obligations.

Call for systemic solutions In summary, the Lagos lawyers warned that demanding deposits before emergency treatment is illegal and can lead to legal sanctions. They called for a balanced approach that protects patients’ right to urgent care while providing hospitals with sustainable financial safeguards. The message was delivered to NAN on Saturday, with the intent of prompting policy review and reform across the Nigerian health sector.