LEGAL PRINCIPLE: TORT LAW — Battery — Medical Treatment — Consent — Minor Patient — Consent Must Be Obtained from Patient Lacking Incapacity
PRINCIPLE STATEMENT
In the absence of medical evidence that a minor patient lacked the capacity to give consent, there is no justification for ignoring the patient to obtain consent from a relative.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Okekearu v. Tanko (2002) NLC-731998(SC) at p. 9; Paras B–C.
" Tanko was born on 3rd December, 1977. He was therefore fourteen years when his finger was amputated. In the absence of any medical evidence that Tanko lacked the capacity to give his consent to the amputation of his finger, I cannot see the justification of ignoring him to obtain the consent of PW2, his aunt."
EXPLANATION / SCOPE
A minor patient with capacity to understand the treatment may give consent. The doctor should obtain consent from the minor if they are capable. Relatives cannot override the minor’s consent if the minor is competent. The court will examine whether the minor understood the procedure. The principle recognises that minors have autonomy based on maturity. Medical evidence may establish incapacity. The doctor must assess the patient’s understanding. The rule applies to minors of sufficient age and understanding. The doctor cannot ignore a competent minor to obtain consent from a relative. The principle protects the minor’s right to bodily integrity.