Dr. Justice Yankson
A medico-legal expert, Dr. Justice Yankson, has advised health professionals to seek proper consent from patients prior to carrying out any medical or surgical procedure in order not to appear on the wrong side of the law.
He explained that the enactment of the Public Health Act, 2012 Act 851 had increased the stake for health facilities to always seek informed consent, which has become the cornerstone of patient rights.
He said consent forms the basis of relationship between the doctor and the patient.
Explaining the types of consent, Dr. Yankson said when a patient walks into a health facility and goes for a folder, there is an implied consent.
However, when the patient moves from that level and sits before the doctor, that implied consent is not enough and that is where the informed consent is needed.
“Informed consent involves a process of communication where benefits, risks and alternatives of medical procedure are clearly spelt out to patients.
Such a process would require full disclosure to patients, patient’s proper understanding of medical procedures, right capacity and competence of patient to make decision and a voluntary authorisation to carry out the procedure,” he revealed.
Dr. Yankson, who is a medical doctor and a lawyer, also advised that informed consent should preferably be in an expressed or written form, so as to serve as evidence in the law court.
“Documentation will come to your aid when you are in trouble. If you did not document, you can’t convince any judge that you did the right thing,” he stressed.
Among the rights granted to patients under the Public Health Act is the right to seek a second medical opinion.
Exercising of such right by patients, he indicated, should not serve as a basis of discrimination, harassment or denying patients access to healthcare.
“Always remember that your practice involves social contract. Respect for patients is important. You need to act with charity and kindness towards your patients, provide benefits and do no harm. And at all time ensure benefits outweigh harm,” Dr. Yankson advised.
He was speaking at the monthly business dinner organised by Holy Trinity Medical Centre with sponsorship from Phillips Pharmaceuticals on Friday, March 1, 2019.
The event was on the topic: ‘Preventing Medico-Legal Issue In Clinical Practice’.
It was attended by some renowned legal practitioners and medical professionals such as Justice Jones Dotse, a Supreme Court judge, Barbara Ackah-Ayensu, an Appeal Court judge, and Dr. Felix Anyah, Executive Chairman of Holy Trinity Medical Centre.
By Issah MohammedP