Law 3101A/B Lecture Notes - Lecture 7: Culpable Homicide, Vancouver General Hospital, Involuntary Euthanasia
Document Summary
Chapter iv: factors negating consent, treatment without consent and end-of-life. Decision making: factors negating consent, treatment without consent, end-of-life decision making. Part 1: factors negating consent: once it is established that a patient has provided an otherwise valid consent, it must be determined if any factors would negate that consent. If the consent is negated, the situation will be treated as if there was no consent at all: the courts have recognized four factors that will negate consent, but have traditionally defined them narrowly, mistake. If a patient consents to treatment based on a mistaken belief that a practitioner is responsible for creating, the consent will be negated: fraud (deceit). Similarly, until recently, fraud as to the harmful consequences of the act would not negate consent. Fraud includes knowingly making a false statement, making a statement in total disregard as to its truth, or knowingly creating a misleading impression by omitting relevant information.
