By Funmilayo Olagunju

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Blood transfusion is a medical procedure in which a volume of blood is injected into the body of a person for treatment. The aim is to treat a person who lost severe blood as a result of injury or surgery.

Till this present time, many people still express concern about blood transfusion. The following are common agitations pertaining to blood transfusion:

1. Religious reservation

2. Fear of infection

3. Commercialization of blood donation.

This article will state the position of the Law in respect to these agitations.

RELIGIOUS RESERVATION

People refuse blood transfusion based on their religious belief. The right to freedom of conscience and religious belief is a constitutional right.

An adult who elects not to receive blood transfusion is entitled to such refusal under the Law. The position is not the same when the patient is a child.

In the case of Esabunor & Anor v. Faweya & Ors (2019), the Court held:

“an adult who is conscious and in full control of his mental capacity, and of sound mind, has the right to either accept or refuse blood (medical treatment). The hospital has no choice but to accept their patients’ wishes.

When it involves a child, different considerations apply, and this is so because a child is incapable of making decisions for himself and the law is duty bound to protect such a person from abuse of his rights as he may grow up and disregard those religious beliefs. It makes no difference if the decision to deny him blood transfusions is made by his parents.” 

When a parent or a person in locos parentis denies consent for blood transfusion for a child, the Court will step in to determine the best interest of the child.

FEAR OF INFECTION

The fear of being infected with diseases transmittable via blood is a concern for many people.

By the provision of the Nigerian National Blood Policy, all donor blood for transfusion shall be screened for specified Transfusion-Transmissible Infections including Human Immunodeficiency Virus (HIV), Hepatitis B and C and Syphilis.

It shall be an offence to issue or transfuse unscreened blood or blood components.

Section 18(3) of National Blood Service Commission Act 2021 prohibits the transfusion of unscreened blood except in life-threatening situation. The offence is punishable with a fine of One Million Naira or Six months imprisonment or both.

COMMERCIALIZATION OF BLOOD DONATION

Some are concerned that blood donation which primarily ought to be for the life-saving might become a business.

It is unlawful to donate blood for financial gain as blood donation is based is voluntary and non-remunerative. However, the donor might be given a token or gestures other than financial reward such as certificate or badges. Direct transport expenses refund is also acceptable.

“The heart of the discerning acquires knowledge, for the ears of the wise seek it out”

Proverbs 18:15