Law 3101A/B Study Guide - Midterm Guide: Cerebral Palsy, Involuntary Euthanasia, Vancouver General Hospital

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10 Feb 2015
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Ch 4 - factors negating consent + treatment w/o consent +end of life decision making. *factors negating the plaintiff"s consent: first u have to establish that there was valid consent in the 1st place. I. e as if there was no consent at all. * treatment without consent: in what circumstances can u be detained for treatment without ur consent when u are capable. *end of life decision making: the key is to clearly define the issue. Part 1: factors negating consent: once a patient provides an otherwise valid consent, it must be determined if any factors would negate the 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 traditionally defined them narrowly. 4 factors: mistake, fraud, duress, public policy.

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