The legal duty of informed consent in Nigerian healthcare
Across Nigeria, it’s common for patients to be asked to sign consent forms just before undergoing surgeries or treatments. However, how many truly understand the procedures they are agreeing to, and how many doctors take the time to clearly explain the associated risks? This issue has highlighted the importance of informed consent. Informed consent goes […]
Across Nigeria, it’s common for patients to be asked to sign consent forms just before undergoing surgeries or treatments. However, how many truly understand the procedures they are agreeing to, and how many doctors take the time to clearly explain the associated risks?
This issue has highlighted the importance of informed consent. Informed consent goes beyond being a simple medical courtesy; it is a legal requirement. Fundamentally, it obligates doctors to thoroughly communicate the nature, purpose, risks, and alternatives related to a proposed treatment before moving forward. Failing to do so could be viewed as a medical battery or negligence.
A pivotal case in Nigeria is the Supreme Court’s ruling in Medical and Dental Practitioners Disciplinary Tribunal v. Dr. John Nicholas Okonkwo (2001). In this case, the Court affirmed that a competent adult has an unassailable right to refuse medical treatment, including life-saving procedures, based on personal or religious beliefs.
Dr Okonkwo respected the wishes of a Jehovah’s Witness patient who opted out of a blood transfusion, which ultimately led to her death. Although the Medical Tribunal accused him of professional misconduct, the Supreme Court supported his decision, citing that Sections 34 and 37 of the 1999 Constitution, which ensure the dignity and privacy of individuals, protected the patient’s choice.
In addition to judicial precedents, the National Health Act 2014 outlines the statutory framework regarding consent in Nigeria. Section 23(1) specifies that healthcare providers are required to disclose information on the patient’s health status, proposed treatments, benefits, risks, potential outcomes, and available alternatives.
Despite this, challenges persist in implementation. In numerous Nigerian hospitals, the consent process often becomes merely a formality. Patients, particularly those with limited educational backgrounds, are seldom given adequate time or explanation to truly understand what is being proposed. Most are unaware of their right to ask questions.
As medical technology evolves and healthcare decisions grow increasingly intricate, the importance of clear, honest, and documented communication with patients cannot be overemphasised. Informed consent is more than just a signature; it is a dialogue. I believe that for Nigeria to truly uphold patient rights, hospitals must move beyond signatures and start embracing conversations.
Yusuf Misturah Eniola is a student of Afe Babalola University Ado-Ekiti, Ekiti State