Law 3101A/B Lecture Notes - Lecture 4: Assisted Suicide, Precedent, Culpable Homicide
9 Oct 2017
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Chapter iv: factors negating consent, treatment without consent, and end-of-life decision making. If consent is negated (vitiated), the situation treated as if no consent at all. Factors negating consent include mistake, fraud (deceit), duress (coercion or compulsion), and public policy. Criminal law concepts defined in tort actions. If patient consents to treatment based on fraudulent belief that health professional was either responsible for creating or was aware of, consent may be negated: to negate consent, fraud must relate to the act as not (cid:862)(cid:272)ollate(cid:396)al(cid:863) (cid:373)atte(cid:396). Fraud includes situations where person knowingly makes a false statement, makes a statement in total disregard to truth, or knowingly creates a misleading impression by omitting relevant info: ex. He had low viral load and used condoms sometimes. It was on this basis that the appeal court acquitted the accused on 4/6 aggravated sexual assault charges on which he had been convicted at trial.
