INFORMED CONSENT IN MEDICAL PRACTICE: A COMPARATIVE ANALYSIS OF NIGERIAN AND SOUTH AFRICAN LEGAL FRAMEWORKS

Abstract

This study undertakes a comparative analysis of the legal frameworks governing informed consent in medical practice in Nigeria and South Africa. The objectives are to examine the concept of informed consent, its essential conditions, and the process involved; to investigate the legal frameworks regulating informed consent in both countries; and to compare and contrast their approaches. Using a doctrinal research methodology, this study reviews relevant statutes, case law, and academic literature from both countries. Data collection involved an exhaustive analysis of primary and secondary sources. The findings reveal significant differences in the legal frameworks, including the scope of disclosure, the role of family members, and the standard for determining capacity. The study also identifies areas of convergence and highlights the implications for medical practice and patient rights. Based on the findings, this study recommends the development of clear guidelines for informed consent in Nigeria and increased public awareness campaigns in both countries to promote patients' understanding of their rights and responsibilities in medical scenarios.