A REVIEW OF THE EXTANT LAW AND PRACTICE OF INFORMED CONSENT IN MEDICAL PROCEDURES IN NIGERIA

Abstract

Informed consent which is a fundamental principle in medical ethics and law ensures that patients fully understand the risks, benefits, and alternatives of medical procedures before giving their consent. This paper thoroughly examines the current legal framework and practices governing informed consent in medical procedures in Nigeria. The paper scrutinizes statutory provisions, case laws, and practical applications based on primary and secondary data sources. It identifies several discrepancies and shortcomings in Nigeria's approach to informed consent. The paper's key findings indicate that while legal requirements for obtaining informed consent are in place, their implementation and enforcement vary significantly, often resulting in inadequate patient comprehension and autonomy. The crucial role of medical practitioners is underscored, yet it is frequently undermined by insufficient training and awareness of informed consent protocols. Building on these findings, the article proposes the establishment of more explicit, robust guidelines, improved training programs for healthcare providers, and importantly, more robust enforcement measures to ensure adherence. These recommendations are intended to harmonize Nigeria's informed consent practices with international best practices, ultimately enhancing patient safety and autonomy.