Law 3101A/B Lecture Notes - Lecture 2: Paralegal, Diminished Responsibility, Antipsychotic
9 Dec 2016
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Issue of consent arises in numerous treatment, counseling and care situations and the legal principles vary accordingly. The principles of consent and capacity focus on autonomy want to maximize this. Common law is derived over thousands of cases over the years body of legal. Unless a statue provides otherwise, the patient"s consent is needed to undertake any. Consent should cover not only proposed treatment but all info about it full. At common law, a practitioner"s mistaken belief that the patient consented provides. Consent must be given voluntarily, in the sense of being the product of the patient"s conscious mind reluctant consent is a valid consent (parolee, probationers, etc. ) no defense. If patient is capable, their consent alone is required (consent of the sdm irrelevant) Unless a statue provides otherwise, consent may be given explicitly (written or oral) or implicitly (holding arm out for a shot)
