Assessing the Legal Framework for Consent in Human Organ Donation and Transplantation in England (U.K.): Lessons for Nigeria

Abstract

Organ donation and transplantation has become one of the most crucial development in the field of Medicine, saving lives as well as improving the quality of life of many patients.[1] Organ donation and transplantation is removing an organ from one person ie the donor and surgically placing it on another ie the recipient, whose organ has failed. Organs that can be donated are: kidneys, heart, liver, pancreas, intestines, lungs, bones marrow, skin and cornea.[2] It must be noted that a person’s organ(s) cannot or should not be harvested without his consent or the consent of a close relation in case of a deceased donor. This research work delved into the legal framework for donor’s consent to organ donation and transplantation in the England and how Nigeria can learn from the English legal framework for consent. The doctrinal method of research was employed which entails the use of laws, text books, journals, dictionaries, newspaper publications and other secondary sources. The work found that the legal framework for consent to organ donation in England is comprehensive and efficient. It is recommended that Nigeria should follow suit by amending the National Health Act.