Law 3101A/B Chapter Notes - Chapter 2: Surrogate Decision-Maker, Implied Consent, Palliative Care

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21 Sep 2020
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Autonomy = control one"s own body, make treatment decisions, control personal info. Doctor-patient relationship governed by common law principles of consent. Must obtain competent patient"s consent to initiate, can withdraw consent at any time. Mistaken belief of consent = not defence. Consent must relate to speci c treatment, based on full disclosure of treatment nature, risks, bene ts, physical and emotional consequences. Consent of poa, parent etc is only relevant if patient is incapable of consent. Patient may give explicit consent (written, oral), implicit consent (behaviour, attend). 2. 1 b) exceptions to common law principles of consent. Doctor can intervene in unforeseen medical emergency in an effort to save patient"s life or preserve their health: additional consent for subordinate aspects: If patient already consents to treatment plan, don"t need consent again for each mini step: discretion: Doctors can withhold treatment info if it would undermine patient"s morale, discourage them from undergoing needed treatment. Scope and structure of hcca: part ii:

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