Emerging Challenges and Accountability in Surgery Mix-Up in Asia, Africa and Beyond Hussain Mohammed Saheb1, Ali Maulana Ayoub1 1The Open University of Tanzania, Kinandoni, Dar-Es-Salaam, Tanzania-East Africa Online published on 29 December, 2017. Abstract The right to health is one of the basic human rights of human being. It is embodied in domestic/municipal laws as well as International instruments. In general, no one is spared in the court of law directly or indirectly who are indulged in medical negligence. First example, in 1980, when doctors operated and removed the healthy eye from a two-year-old girl, Nasreen Banu, instead of the cancerous one, blinding her for life in Sarojini Devi Eye Hospital, Hyderabad, India. Compensation may not fill the gap of organ loss. In second example the year 2007 (in Tanzania, East Africa), a man who was diagnosed and found to have a brain tumour was mistakenly had a knee operation instead of brain surgery. He died two weeks later due to late treatment of his brain disorder. No one was held liable. In third example/incident in January, 2012, Bimla Nayyar (in Oakwood, Detroit) was wrongly had a brain surgery instead of an operation to pop up her jawbone and died two months later after the wrong operation she had undergone. Who would accountable to pay the damages? This paper is interested in investigating the magnitude of the surgery mix-up problems in Asia, Africa and beyond. The aim of the paper is to find out how does the both International Instrument plus national laws plays an important role in solving these kinds of problem. Again, the paper will investigate and find out what is the best legal practice in dealing with both the victims of the incident, doctors and their assistants, the hospital and the government as a whole in as far as the issue of professional accountability is concerned. As per the first, second and third referred incident above, the questions are who will “pay” for the organ damage/injury or death caused out of reckless health officials? The issue is whether the fiduciary compensation is equivalent to human organs or lives? The methodology followed in this paper is based on primary, secondary and tertiary source which is appropriate to accomplish International conference paper. Top Keywords Health Problems-Accountability-Surgery Mix-Up-Legal remedies. Top |