Legal Implications of Blood Transfusion on Minors and Parental Responsibility issues in Nigeria

Ahiakwo G. A.

Health, Healthcare Decision, Parental Responsibility, Parental Refusal, Blood Transfusion.

Minors indeed cannot make healthcare choice by themselves as they are physically and mentally incapable of making sound decisions; hence parents hold the right to decide for their child’s healthcare. Making the right healthcare decision for minors is a crucial and fundamental right for the minor. When minors have good health, they are better able to enjoy all other human rights.Blood is indispensable to life, but using blood products as treatment from research has implications especially for minors. However there has been repeated dispute between the parent and State on who should have absolute legal right to choose course of treatment for the minor. In Nigeria, a recent Supreme Court authority decided to the effect that in cases of emergency where there is parental refusal of medical treatment for the minor based on religious belief, that the State has absolute right to take over the minor and administer blood transfusion treatment without parental consent. To this end, this article shall make a case for parental responsibility of minor’s healthcare, it shall further critically appraise the case ofEsabunor and compare it with verdict from international jurisdictions. The procedure appraised was the use of exparte application at the Magistrate Court to transfuse blood product on the minor without the court hearing from the parents or considering the parent’s alternative treatment choice or calling for independent medical expert analysis before making the aforesaid order. The article recommended that the State should not override the rights of loving, caring and attentive parent’s in shouldering their parental obligations and making healthcare decision for their minors and the State should not seize children from their natural parents without complying with the eight conditions precedents prescribed for State intervention.

https://doi.org/10.31871/WJRR.14.2.6