Law 3101A/B Lecture Notes - Lecture 3: Emancipation Of Minors, Diminished Responsibility, Psychoactive Drug
Document Summary
Chapter ii: consent and capacity (competency: common law principles of consent, health care consent act, 1996, consent forms, capacity to consent to personal care, prior expressed wishes, minors and statutory ages of consent. At: unless a statute provides otherwise, the patient"s consent is generally needed common law, a practitioner"s mistaken belief that the patient consented patient"s conscious mind. A reluctant consent is a valid consent (cid:523)e. g. parloee: volition versus motive. A patient"s motive for consenting does not affect the provides no defense. The courts have greatly narrowed the privilege in recent years. Part 2: health care consent act, 1996 (hcca) (a) introduction: the hcca contains detailed consent & capacity provisions governing accountability under the act. Thus, practitioners may be subject to court orders forcing them to comply with the hcca and prosecuted for provincial offences relating to specified provisions of the act: however, the hcca does not automatically displace the common law or.