KNOW YOUR RIGHTS: RIGHT OF A PATIENT TO REFUSE MEDICAL TREATMENT

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KNOW YOUR RIGHTS

RIGHT OF A PATIENT TO REFUSE MEDICAL TREATMENT

The law is settled to the effect that a patient has the right to make a choice as to the form of treatment to be administered on him/her, and the hospital had no choice but to respect their patient's wishes provided such a patient is an adult of sound mind.

It is long settled that an adult who is conscious and in full control of his mental capacity, and of sound mind has the right to either accept or refuse medical treatment. See M.D.P.D.T. V. Okonwo (2001) 7 NWLR (Pt. 711) 206.
However, when it involves a child different considerations apply, and this is so because a child is incapable of making decisions for himself/herself and the law is duty bound to protect such a person from abuse of his/her rights. Please note that it makes no difference if the decision to refuse medical treatment is made by his/her parents, especially where the life of the child would be endangered by the refusal of the medical treatment. See ESABUNOR & ANOR V. FAWEYA & ORS (2019) LPELR-46961(SC)
Thus, as an adult of sound mind, a person may decide to refuse medical treatment.
But a child may not be able to refuse medical treatment.
Finally, parents may not be able to refuse medical treatment on behalf of their child if such refusal would endanger the life of the child.
Jimoh Mokanreola Bamigbola Esq.
FOR: M.J.B. BAMIGBOLA & CO.

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