Informed Consent In Nigeria:

Liability Of Medical Practitioners.

Written by: Moyosore Mustapha

INTRODUCTION

The right to life is sacrosanct to the bearer and nobody has the authority to deprive them of this natural gift which the creator has gifted them. Just as this right is intrinsic and fundamental, so is the right to decide what happens to one’s state of health which ultimately has a far-reaching effect on the person’s life.

This is the reason for obtaining the consent of a patient before the conduct of any medical process or treatment on them is paramount. Failure to do so will render the medical practitioner liable for breach of the Medical Code and for assault on the patient or research subject. This work will discuss the key concepts around Informed Consent, the components that underlines this practice and the exceptional cases where it may be legally foregone.

AUTONOMY

Autonomy is a Latin word for “self-rule”. Every human has an obligation to respect the autonomy of other persons, which is to respect the decisions made by other people concerning their own lives. This is in accordance with the fundamental right to human dignity. In medical practice, autonomy is usually expressed as the right of competent adults to make informed decisions about their own medical care. The principle underlies the requirement for a medical practitioner to seek the consent or informed agreement of the patient before any investigation or treatment takes place. The principle of patience autonomy mandates the health care providers to educate the patients about the treatment options available to the patient; it prohibits the health care provider making the decision for the patient. It is an absolute, inalienable right of the concerned patient.

INFORMED CONSENT IN NIGERIA: LIABILITY OF MEDICAL PRACTITIONERS. was last modified: September 25th, 2020 by judge
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