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Lecture 2

PHLB09 - Readings - Week 2.doc

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University of Toronto Scarborough
Kelin Emmett

PHLB09Week 2 Readings 26 Cases Case1Scott Starson Refusing Treatment While IncompetentCanadian Health Care Consent ActIndividuals are considered to be capable with respect to treatment if they are able to understand the information relevant to making decisions about a proposed treatment and able to appreciate the reasonably foreseen consequences of a decision or a lack of decision oUnder this act Starson didnt appreciate the value of treatment therefore the physicians brought the case upon the medical review boardDetermined he was not competent to make medical decisions for himself oCase eventually went to Supreme Court of Canada 63 split decision stating Ontario Consent and Capacity Board CCB had been guided too much by interpretation of Starsons best interests rather than by a start interpretation of the law Concluded Mentally ill patients are presumptively entitled to make their own decisions reagarding treatment unless a balance of probabilities exists to override the decisions Case2No Chemotherapy for Anael Surrogate Refusal of Treatment for a Minor Child Anael 3 year old being treated at Childrens Hospital of Eastern Ontario in Ottawa oCancerous tumours in his brain and spinal cord recommended procedureChemotherapyParents declined treatmentOfficialshospital asked child protection agency to intervene to force treatment agency declined Not lifethreatening Case3Refusal to Consent to a DNR for a Minor Child Manitoba Court of Appeal Case Child and Family Services of Central Manitoba v RL Baby D 3 month old baby violently shaken and sustaining injuries oBrain had atrophied suffering one intermittent illness after another Asked parents for a DNR when infants heart or respiratory system inevitably failed oParents refused to grant consent CFS child and family services sought a court order
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