MEDICAL PATERNALISM AND PATIENT AUTONOMY: CALIBRATING THE LEGAL BALANCE

Abstract

In the medical sphere, medical professionals and patients often have to contend with issues relating to the proper course of action to take at specific points in time as dictated by the imperatives of legal rights and duties. Medically, autonomy or respect for autonomy is about allowing patients to decide or be part of the decision-making on their health. On the other hand, paternalism refers to an action performed by a medical practitioner with the intent of promoting another’s good even though such act may be against his/her will or done without his/her consent. To uphold a patient’s right to autonomy in some cases may negate the doctor’s duty of beneficence and non-maleficence leading to paternalistic medical practice. To this end, the main objective of this study is to critically analyze medical paternalism and patient autonomy: calibrating the legal balance. The study considered the issues surrounding autonomy and paternalism as a potential negation of patient’s best interests, medical professional’s discretion and the society’s common interest in line with existing legal frameworks in Nigeria. In the course of carrying out this study, doctrinal research methodology was adopted and the study found that respect for autonomy rights of patients stands at the core of every doctor-patient relationship and thus, supreme and quintessential. The study further found that conceptualizing autonomy within the context of the individualism of western societies may not be fit for purpose in an African context like Nigeria. The study concluded that medical practitioners must first seek and obtain the informed consent of a patient before administering any treatment on him/her. This is in tandem with the principles of biomedical ethics to wit: autonomy, beneficence, non-maleficence and justice, and recommended among others that the Nigerian medical law has to be overhauled. Rights of Nigerians relating to health must be removed from the Fundamental Objectives and Directive Principle of State Policy under the Nigerian constitution.