An Examination of The Nexus Between Law and Medical Ethics in The Procurement and Transplantation of Human Organs in Nigeria

International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue V, May 2022 | ISSN 2454–6186

An Examination of The Nexus Between Law and Medical Ethics in The Procurement and Transplantation of Human Organs in Nigeria

Prof. JUSTUS A. SOKEFUN¹, Prof AK ANYA², Dr DU ODIGIE^3
1Ph.D, B.L, Professor of Law, National Open University, Abuja, Nigeria.
²Ph.D, B.L, Professor of Law, Igbinedion University College of Law, Okada, Nigeria.
³Ph.D, B.L, Associate Professor of Law, Faculty of Law, University of Benin, Nigeria.

Abstract: The interaction subsisting between law and medical ethics, more particularly, legal control of procurement and transplantation of human organ in Nigeria is attractive premised on grounds of its history and the resultant effect of the conundrum in a heterogeneous society, largely made up of different religious beliefs. Against this backdrop, the authors examined the relational basis for the overall interaction between law and medical ethics, regard been had to the fact that medical practitioners are in the main saddled with the responsibility of procuring and transplanting of human organs aimed at restoring and where applicable reviving the health conditions of patients, notwithstanding the socio-cultural religious belief system of the individuals comprised in the Nigerian society. The authors argued that law should be a supportive instrument in providing a stabilising effect on all aspects of practice of medicine, inclusive of the process of obtaining consent of the patient, procurement and transplantation of human organs. Consequently, the paper therefore maintained the imperatives of having various social and legal systems evolve a similitude of standardised proceedings and ethos relating to the protection of the health of its population, even at the detriment of socio- cultural and religious systems as applicable in Nigeria. The institutionalisation of the medical regime sector will invariably lead to the control of medical practice in the process of obtaining consent, procurement and transplantation of human organs in a developing multicultural society.

I.INTRODUCTION.

This examination focuses on the daily general interactions forming the bulwark of benign relational basis subsisting between law (as a form of definite and defined control in the overall display of medical ethics, duties of medical practitioner in the course of rendering both specialised and general services in accordance with the jurisprudence of clinical judgment) and the procurement and transplantation of human organs and consent by benefactors to so donate. In the light of the above, there is need for a proper appreciation of the gamut of usual interactions subsisting between law on the one hand and the entire medical regime, specifically, ethical issues in human organ procurement and transplantation. The above nonetheless, requires a profound and robust understanding of the intricate normative ethics associated with the prevalent medical regime as well as the desired need for legal control necessary in ensuring that „fairness‟ to the „hybrid art and discipline incidental to ethical issues and

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