Informed Consent to Medical Treatment and Fundamental Rights

If a patient goes for medical treatment, he has the right to be informed of the nature of treatment, procedure, and the prescription. The risks associated with the treatment must be disclosed. The patient will then be able to consent or withhold consent to the treatment. Can the doctor override the decision of the patient when he withholds consent to a medical treatment on the cover of medical ethics without liability for breach of fundamental rights and damages in tort? This paper discusses the legal position in Nigeria and other common law jurisdictions to evaluate the responsibility and limit to the discretion of the doctor. It examines the peculiar cases of minors. While adopting a doctrinal methodology, this paper discusses the need for respect of the fundamental rights of the patient and the balance of the conflicting interest of the patient and that of the medical ethics, the state interest in public health and welfare. It posits that where a doctor disregards the decision of the patient, he will be liable for breach of fundamental rights or damages in tort irrespective of whether he perceives such decision unreasonable.