Law 3101A/B Chapter Notes - Chapter 4: Palliative Care, Fundamental Justice, Culpable Homicide
Document Summary
Chapter iv: factors negating consent, treatment without consent and end-of-life decision making. Once it is established that a patient has provided an otherwise valid consent, it must be determined if any factors would negate that consent: i. e. Consent can only be negated if it was established in the first place. If the consent is negated, the situation will be treated as if there was no consent at all. Note that this is similar to the definition to mistake . While mistaken consent can be based on, for example, a physician unknowingly over exaggerating a success rate, fraud can be a physician purposely exaggerating a success rate. There is no boundary between careless, mistaken statements and statements made in total disregard to the truth: consent will only be negated if the fraud went to the nature of the act, and not a collateral matter. Similarly, until recently, fraud as to the harmful consequences of the act would not negate consent.
