Disclosure of material risks associated with medical treatment to obtain patient consent is vital to the doctor-patient relationship. It could be the determining factor between life and death, or between permanent disability and full recovery from medical treatment. On the part of the caregiver, properly obtained consent for medical treatment may offer significant protection against patient lawsuits. In this paper, we explore the legal duty placed on medical professionals regarding disclosure of medical information and obtaining consent for treatment. Particularly, we examine three contrasting tests or standards available to the Ghanaian courts for the assessment of medical negligence claims that turn on patient consent: common sense, Bolam and Montgomery. We observe that the Ghanaian courts have favoured the Bolam test over the common-sense approach adopted in the case of Asantekramo. We further observe that the United Kingdom (“UK”) decision in Montgomery’s case is yet to receive judicial blessing in Ghana. We recommend that in developing jurisprudence in this area of the law, the Ghanaian courts should lean favourably toward the sound principles animated in Montgomery’s case.
