Law 3101A/B Chapter Notes - Chapter 4: Involuntary Euthanasia, Vancouver General Hospital, Assisted Suicide
Document Summary
4. 1 factors negating consent: consent based on mistaken belief: Negated = if patient consents to treatment based on mistaken belief that doctor is responsible for creating: consent based on fraudulent belief (deceit): May be negated = if fraudulent belief that doctor was aware of, or responsible for creating (doesn"t apply if collateral). Makes false statement or purposely misleads by omitting relevant info = only if fraud physically harms, or signi cant risk of serious bodily harm to complainant. Lie or fail to disclose hiv+ = criminal sexual assault, battery action. Case: r. v. mabior: duress (compulsion, coercion): Duress = threat of immediate physical force. Reluctant consent to counselling to avoid red/ expelled/ charged = not duress. Can apply to mentally ill/ disruptive patients who are physically restrained or medicated = duress: public policy: Consent may be negated on public policy grounds in 3 situations:
