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ABSTRACT
Informed Consent in medical session or treatment has become an issue that is usually at the headlines every day. What is exactly the position of the law, people are of different views that it depend on each case. The essence of this study is to examine informed consent as it relates to the law.
The doctrine of informed consent is a very important and technical principle in medical practice. This principle is formed under the doctrine of trespass to person. It deals with the tampering of a person’s body without the persons consent. The doctrine of informed consent deal with the right of every human being of adult age and sound mind to determine what should be done with his or her own body. The doctrine of informed consent also includes the disclosure of material information to the patient in order to make the patient know all the material facts in certain medical procedure. Therefore any surgeon that performs an operation without his patient’s informed consent commits an assault, for which he is liable in damages.
The information from this work will be gotten from textbooks, materials and journals on medical negligence and medical ethics that are in the library. Materials will also be extracted from the internet. The sources where this information will be gotten from will be cited in this work for the purpose of references. The current position of the law on this subject in Nigeria is in the effect that where a patient deserves or needs a lifesaving treatment, but is unwilling to give his or her consent, medical personnel are at liberty to apply the treatment after obtaining permission from the court.
This study is an attempt to critically analyse the practice of this doctrine and its effects on medical practice in Nigeria.
