Health Sciences 3101A/B Lecture Notes - Lecture 2: Implied Consent, Medical Emergency, Psychoactive Drug
9 Dec 2016
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Common law is judge-made law (property, contract and tort law) A practitioners mistaken belief consent was given is no defense. Consent myst be voluntary from the patients conscious mind: this includes reluctant consent. Battrum v. bc: plaintiff fell of horse and hurt shoulder called 911. She then sued defendant (ems) in battery claiming he had no consent to touch her, but she called 911 and this is considered implied consent. Exceptions: medical emergency where impossible to obtain consent, consent to overall treatment plan is consenting to subordinate procedures, therapeutic privilege: narrowly defined when disclosure of info would cause harm to patient. Part two health care consent act, 1996. Detailed consent & capacity provisions governing accountability. Scope includes: applies to specified tx and services that are provided by hcp, part ii tx with exception of: admission, hx, little risks, head to toe exam). This applies to hcp but not social workers, addiction counselors and others.
