Law 3101A/B Chapter Notes - Chapter 2: Surrogate Decision-Maker, Emancipation Of Minors, Palliative Care
Document Summary
Unless statute states or necessary implication provides otherwise relationship is governed by common law principles. Health professionals must obtain consent to initiate treatment, counselling or care. Def"s conduct held within reasonable scope of treatment that p sought and implicitly consented. Injuries to the baby from use of forceps: not sufficiently informed, court said u would have chosen forceps anyway, didnt provide her with enough info. Consent can be given orally or written mostly written in this consent. What is done without consent must be done to preserve life. Still have discretion as to how they inform a patient and what they emphasize in terms of risks and benefits. Hcca contains detailed consent & capacity provisions governing accountability under the act. Individual may obtain court order requiring hps to comply with hcca: thus, practitioners may be subject to court orders forcing them to comply with. Hcca and prosecuted for provincial offences relating to specified provisions of.
