For decades in Africa, it used to be that women needed their spouses' consent for medical procedures like surgeries. No doctor or surgeon would carry out a procedure on a woman without her spouse's signed consent. Many women are outraged by the practice. Why do I need my husband's consent to improve my health? It is my body, after all. But with the advent of informed consent in healthcare, the story is changing.
According to Punch Healthwise, Nigeria's leading medical professionals have said that husbands do not need to sign a consent form to allow their wives to undergo a hysterectomy, caesarean section or any surgery. According to them, an adult woman who is mentally healthy can sign her own consent form; if she needs surgical intervention.
Speaking to Punch, the Chief Medical Director of Lagos State University Teaching Hospital, Prof. Adetokunbo Fabamwo, explained the concept of informed consent in healthcare.
“First, we need to understand that consent is a contractual agreement between the surgeon and the patient.
“Only a minor, physically or mentally challenged person requires the permission of an adult. Any legally mature woman can sign the form after discussions with her spouse,” the CMD said.
Informed Consent In Healthcare: What Is It?
In a healthcare setting, informed consent lets you be involved in your own medical care. You get to decide which treatments you do or do not want to receive. Also, informed consent lets you make decisions with your doctor. This process of teamwork is an ethical and legal obligation of healthcare providers.
Informed consent is when a healthcare provider; like a doctor, nurse, or another healthcare professional; explains a medical treatment to a patient before the patient agrees to it. This type of communication lets the patient ask questions and accept or deny treatment.
In a healthcare setting, the process of informed consent includes:
- your ability to make a decision
- explanation of information needed to make the decision
- your understanding of the medical information
- your voluntary decision to get treatment
All these parts are important for making solid decisions about your health and medical care.
The following scenarios require informed consent:
An informed consent agreement should have the following details: diagnosis of your condition; name and purpose of treatment; benefits, risks, and alternative procedures; then finally, benefits and risks of each alternative.
With these details, you can make a solid choice about the treatment you get.
Why Do You Need Informed Consent In Healthcare?
Expressing your informed consent usually means you get to sign a consent form. This is important because it's not enough to give your doctor an implied consent. He could get in serious trouble for carrying out procedures on you without your written consent. When you sign the form you're saying:
- Your doctor gave you all the relevant details about your procedure.
- You understand these details.
- You used the information to decide whether or not you want the procedure.
- And you agree to get some or all of the treatment options.
President of the Nigerian Medical Association; Dr Francis Adedayo Faduyile, also agreed that any patient can sign the form ‘hypothetically.’
“But if a hospital requests the presence of the patient’s spouse, there must be a reason.
“It is also possible that the hospital is aiming to build a relationship with the family,” Faduyile said.
Another lawyer, Ikemefuna Okeke, said, “Consent is usually required from a close relative or next of kin, but I cannot categorically confirm if there is any law backing up such act [of saying only a husband could assent to consent form. I may have to get back to you on that later.”
Why then is spousal consent such a big issue with informed consent?
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Dr Fabamwo said it was not unusual to hear women ask their husbands to pick up bills and forms though, adding that it is a social norm that is in the best interest of both parties.
“The law allows a woman to sign and be operated on. But many are heavily dependent on the opinion of their spouses; and would rather come up with clichés such as, ‘Until my husband comes.’
“It is a social norm because we have also had situations where some men were enraged on discovering that their spouses surgically removed their uterus without first discussing the issue with them,” Fabamwo said.
The Medical Director, Gbagada General Hospital, Lagos, Dr Adeleke Kaka, corroborated Fabamwo.
“It is unfortunate that some women talk all day about empowerment, but refuse to be empowered themselves.
“This issue of ‘Let my husband come’ causes unnecessary delay in some emergency cases such as hysterectomy or CS,” Kaka enthused.
Senior Ob-Gyn at the Federal Medical Centre, Ebute-Metta, Lagos, Dr James Odofin, toed the same line.
He said as long as the patient demanding a hysterectomy has no physical disability or mental challenge, the FMC does not compel patients’ partners to sign a consent form.
“Any doctor could possibly demand the husband’s consent, to avoid any conflict or trouble from the husband after the surgical procedure,” Odofin said.
He added that since the African society places a premium on children and husband’s consent on certain issues; no hospital department wants to be caught in avoidable situations.
Bottomline
When a doctor recommends a medical procedure, you have the right to accept or refuse it. If you decide to move forward, you’ll need to give informed consent first. This means that you made a voluntary and educated decision. It also means that your doctor has fully explained the medical procedure, including its risks and benefits.
Talk to your healthcare provider if you have questions about this process. You're the patient, and you have the right to make informed choices about your medical care and what works best for you.
Punch NG Healthline
Also read: Forced Sterilisation In South Africa: Victims Cry Out In Outrage
