Health Sciences 3101A/B Lecture Notes - Lecture 4: Fiduciary, Fundamental Justice, Infection
9 Dec 2016
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Chapter iv: factors negating consent, treatment without consent, and end-of-life. Once a patient provides a valid consent, it must be determined if any factors negate it. Four factors that can negate consent: mistake, based on mistaken belief that a hcp is responsible for creating, fraud, consents based on fraudulent belief that a hcp created or was aware of. Doctor offered to keep supplying her narcotics for sexual favours. After trying everything else, addict when back to doctor and agreed. She then later came back and sued doctor for battery, negligence, and breach of fiduciary duty and won. This was due to the unequal power and the trust that should have been between the two). No capable person can be treated without consent, regardless of the outcome. There are several statutes which authorize detention of capable people w/o consent, but few that allow medical intervention. Allows taking blood from unconscious simpaired drivers that cause harm.
