07/03/2022
Patient Consent
In Medical Law, there are two forms of Consent – Informed and Valid Consent. From certain cases in Nigeria, it is clear that the form of consent a Patient needs when visiting a doctor or a hospital must be “informed” and not just “Valid” which is applicable in England and other few Jurisdictions but usually the form applicable in practice in Nigeria. How informed is Informed Consent?
What is Valid Consent?
This is usually evidenced by a signed consent form and simply requires the provision of information about the nature and purpose of a proposed treatment to a patient assessed as having the capacity to understand the information and freely without coercion agrees to receive the treatment. – the fact that a patient saw the name of the procedure to be done on him or her on the form does not confirm that the patient knew that her ovaries would be removed e.g., Hysterectomy (Meaning: a surgical procedure to remove the womb). In Nigeria most times, the name of this procedure will be documented on the consent form for the patient to sign without full disclosure on the purpose, procedure, risks and effects of the procedure to the patient. This is the form of consent known and applicable in England.
This brings us to the meaning of “Informed Consent”.
Informed Consent is not just signing a consent form with the name of the Procedure documented. This form of consent involves a lot and Nigerians must know these. This form of consent requires that the patient is informed and aware of all the details regarding his/her treatment including, diagnosis, causes, risks, effects, the procedure involved in the treatment, are there alternatives the patient should be aware of, the patient should also be aware of the kind of treatment – Injection or surgical, lifestyle changes, percentage chance of survival and more. These are all parts of proper or informed consent. These must be known before any form should be signed.
Where these are not done by a doctor, a patient can comfortably sue for Negligence. Therefore, informed consent is the process by which the care provider seeks the affirmative allowance of the patient to provide healthcare after apprising the patient of the benefits and risks of the proposed treatment thereby respecting the autonomy of the patient and their right to determine what happens to them in accordance with their personal values, health benefits and goals.
According to Dave Lu and James Adams, there are five basic tenants accepted as the foundation of informed consent:
1. The patient must have sufficient information about his or her medical condition.
2. The patient must understand the risks and benefits of available options, including the option not to act.
3. The patient must have the ability not to use the above information to make a decision in keeping with his or her personal values.
4. The patient must be able to communicate his or her choices.
5. The patient must have the freedom of will to act without undue influence from other parties, including family and friends.
Ask your care provider today, do not just keep mute when being administered care.
Credits:
William Selde, MD – Administration and Leadership
Prof. C.U. Abugu – Medical Law and Ethics in Nigeria
