The Concept Of Self Determination And Informed Consent In Medical Law And Practice

OBSCURE LEGAL FACTS BY AROME ABU

In Nigeria, a sick person has a right to refuse treatment, and the law guards this right.

It is insignificant if the choice of refusal is illogical or dangerous to the health of the patient and such refusal is not viewed as attempted suicide.

The issue of informed consent came under scrutiny in the case of Medical and Dental Practitioner Disciplinary Tribunal v Okonkwo.

In the case, one Martha Okorie, a pregnant Jehovah Witness patient came to the hospital in a critical condition requiring blood transfusion.

She declined transfusion based on religious ground. She was discharged against medical counsel. She was later admitted in hospital of Dr Okonkwo, a Jehovah witness, he treated her without blood transfusion and she later died. Her relatives made a formal complaint of medical negligence to the MDPDT. Okonkwo was found guilty of professional misconduct.

The Supreme Court in overruling the tribunal held that the patient was free to decide whether or not to submit to a treatment By a doctor.

On the whole, a court of law can override the decision of a patient refusing treatment and in so doing, the court considers overriding public interest and the right to protect the life of a citizen.

Arome Abu is the Managing Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

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