Law 3101A/B Study Guide - Midterm Guide: Chiropractic, Surrogate Decision-Maker, Antipsychotic
10 Feb 2015
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Overview: common law principles of consent, health care consent act, 1996, consent forms, capacity to consent to personal care, prior expressed wishes, minors and statutory ages of consent. Legal principles governing consent vary from case to case. Part 1: common law principles of consent (a) general principles: the patient"s consent is required before any treatment, counselling or care is undertaken. The consent should cover not only proposed treatment but all info about treatment: consent must relate to the specific treatment undertaken, at common law, a practitioner"s mistaken belief that the patient consented, when he/she hasn"t, provides no defence. * why is volition defined at such a low threshold? it protect the autonomy of the individual. 2: hc professionals must put ppl in the position to make informed decisions. Consent must be based on a full and frank disclosure of the nature of the proposed treatment, and its risks, benefits and alternatives.
