National Policy on Blood Transfusion and the Right to Refuse Blood Transfusion-Establishing Legal Boundaries and Limits

Abstract

Blood transfusion is legally permissible in Nigeria under the National Health Act, 2014 and the National 
Blood Service Commission Act, 2021 which established the National Blood Service Commission. Furthermore, under the Compulsory Treatment and Care for Victims of Gunshot Act, 2017, a victim of gunshot shall receive obligatory treatment in any public or private hospital which may involve blood transfusion without the necessity for prior police report. Transfusion of blood raises delicate intersection between religion, medicine and law. While medical emergency may compel blood transfusion, yet the exercise of rights to freedom of thought, conscience and religion and privacy entitles a patient to reject any form of medical procedure including blood transfusion. To delineate the legal boundaries in these competing spheres, this paper adopted the doctrinal research method to critically examine statutory provisions and concomitant judicial decisions on blood transfusion, rights to religion and privacy. It was 
found that consent of an adult is non-negotiable whereas the welfare of the child is paramount irrespective of the religious or other beliefs of the parents hence the recommendation that the right of an adult patient to reject any medical procedure must be respected since it is a guaranteed constitutional right.