Law 3101A/B Chapter Notes - Chapter 4: Grammatical Person, Abet, Infection
Document Summary
4 factors negating consent, treatment without consent, end of life decision making. Situations where a valid consent is ignored then the situation is treated as if no consent was given. Factors negating consent: mistake, fraud, duress (threats), and public policy. When a patient consented due to a mistaken belief that the doctor was responsible for creating. I. e the doctor understated the risks, causing the patient to consent to the surgery. Note: this is not the same as a doctor mistakenly believe a patient consented when they didn"t. When a patient consents based on a fraudulent belief that the doctor was responsible/ aware of creating. The fraud must be speci c as to it relates directly to the proposed treatment (or else consent won"t be negated) I. e: if one lies about their marital status for a women to sleep with him this is not fraud. Because marital status & intercourse are just collateral matters.
