Cameroon: CHU Legal Council Announces Appeal Against Doctor Sanctions

The legal counsel representing doctors and residents at the University Hospital Center (CHU) in Cameroon has voiced strong opposition to the sanctions imposed by the National Order of Physicians' disciplinary body. The ruling, which followed the death of Dr. Barbara Bengono, resulted in 12-month suspensions for two professors and six-month suspensions for residents. However, the legal team contends that the disciplinary chamber's proceedings were marred by significant procedural flaws.

A key argument put forth by the lawyers centers on territorial jurisdiction. They assert that the disciplinary chamber, headquartered in Yaoundé, improperly held its session in Bertoua, located in the East region. According to legal principles, disciplinary actions should be adjudicated within the territorial jurisdiction where the alleged offenses occurred and where the accused individuals reside. This procedural misstep, they argue, invalidates the sanctions.

Furthermore, the council highlights that the decision was made in the absence of the concerned parties, who were allegedly not properly notified. The rapid publication of the sanctions on social media, without affording the accused an opportunity to be heard or to formally respond, is seen as a breach of due process. The lawyers aim to reassure the public that Dr. Bengono received comprehensive care from colleagues and eminent professors before the tragic incident, emphasizing that such "dramas can happen to anyone at any time."

With the initial sanctions being non-definitive, the legal team is preparing to escalate the matter to higher authorities. This move is intended to allow the sanctioned professionals to present their case and explanations before any final conclusions are drawn. The focus remains on ensuring a fair hearing and rectifying what they perceive as a flawed disciplinary process.

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A drama can happen to anyone and at any time.