THE PARAMETERS OF VALID CONSENT IN MEDICAL LAW: A COMPREHENSIVE ANALYSIS ON ETHICO- LEGAL AND PRACTICAL IMPLICATIONS

Student: Priscilla Oyindamola Dennis-Olabode
Supervisor: Mrs Olamide Mohammed
HOD: Prof Olubayo Oluduro
Department of Law
Law
Adekunle Ajasin University, Akungba-Akoko, Ondo State

Abstract

Valid consent is crucial for upholding patient autonomy, as it enables individuals to make informed decisions regarding their medical treatment. The right of a patient to consent to medical treatment is globally recognized as essential in medical practice. The aim of this study is to conduct a comprehensive analysis on the parameters of valid consent in medical law, focusing on the ethico-legal and practical implications. Using a doctrinal research methodology, the study analyzes legal statutes, case laws and guidelines to examine foundational principles of valid consent, emphasizing its dual role as both an ethical obligation and a legal requirement. This study explores the ethical foundations underpinning these legal standards, including respect for patient autonomy and the need to balance individual rights with professional responsibilities. Findings indicate that although legal frameworks generally uphold the principles of autonomy and informed consent, there are significant challenges faced while ensuring these principles are consistently upheld .These challenges include the role of religion, family influence, poverty, language barriers, and poor healthcare challenges. This study proposes strategies to overcome these challenges which include the use of digital consent platforms, multilingual forms, professional interpretation services, family-centered communication skills, financial counseling, community partnerships, and policy advocacy. This study concludes that there is a need for improvement of how existing laws on consent are effectively implemented as doing this will help create a balance between patient autonomy and healthcare providers' discretion

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