<p><strong>PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment):</strong> The Appellant herein, Dr. Obioma Okezie, a registered Specialist Obstetrician and Gynaecologist, and a lecturer at the University of Nigeria Teaching Hospital (UNTH) Enugu, owned and operated a hospital called Christian Miracle Hospital at 11B John Nwodo Close, G.R.A. Enugu. Sometimes in September 1998, he successfully carried out fibroid surgery on Mrs. Nwiru Obiekwe (now deceased) with the consent of her husband, Dr. Ifeanyi Obiekwe, who is also a Medical Doctor. Before this surgery, Mrs. Obiekwe had complained of infertility and miscarriage and had had a myomectomy in England in 1996. Two years after the surgery, Mrs. Obiekwe became pregnant and approached the Appellant in his private clinic to be her doctor for the purpose of antenatal care. During the antenatal care, the Appellant found that the deceased could only be delivered through caesarian operation and this was fixed for 23rd February, 2001. The operation commen…</p>