Consent to Medical Treatment: a Doctor’s View on how the Ghanaian Courts May Resolve Consent Related Information Disclosure Disputes

Abstract

Many doctors may be unaware of how the courts may rule on disputes on ‘consent to medical treatment’ in Ghana. The knowledge of how the courts may resolve an allegation of failure to obtain consent brought by a patient against a doctor may help doctors
improve on how they communicate with their patients and consequently improve patient care. The primary purpose of consent for medical treatment is respect for individual autonomy. There is no evidence that the Ghanaian society values respect for individual autonomy any less than anybody in any other culture. There are no specific legislations in Ghanaian law or reported cases from
Ghanaian courts that establish how a ‘valid or informed consent is defined in Ghanaian law. The Ghanaian legal system operates the ‘common law’. If a patient brings a claim alleging that his doctor did not seek his consent prior to treatment or that the information
provided to him prior to granting his consent was inadequate, the Ghanaian court’s approach to resolving it is likely to be patient focused and similar to the approach used in other common law jurisdictions. Good doctor-patient communication is therefore, very
important.