Health Sciences 3101A/B Lecture Notes - Lecture 4: Pa-Risc, Viral Load, Infection
Document Summary
Chapter 4: factors negating consent, treatment without consent and. Once a patient provides an otherwise valid consent, it must be determined if any factors would negate the consent. If the consent is negated, the situation will be treated as if there was no consent at all. The courts have recognized 4 factors that will negate consent, but traditionally defined them narrowly. If a patient consents to treatment based on a mistaken belief that a hcp was either responsible for creating, the consent will be negated. E. g. patient consents to surgery because their surgeon had unwittingly overstated the benefits or had understated the risks of the proposed operation. Issue of fraud in obtaining consent is common in hiv individuals who lie about, or fail to disclose their hiv status to their sexual partners (not about the nature of the act, rather its potential harmful consequences)