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23 Cards in this Set
- Front
- Back
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Factors mitigating consent |
-Mistaken Belief -Fraudulent Belief -Duress -Public Policy |
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Consent based on mistaken belief |
Patient consents based on mistaken belief the health care professional created |
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Consent based on Fraudulent Belief (deceit) |
Consents to treatment based on fraudulent belief that a health responsible created or was aware of; fraud must relate to nature of proposed intervention. Person knowingly makes false statement or misleading impression |
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Duress |
Threat of immediate physical force (doesn't count in the case of being fired, expelled etc.) |
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Public Policy |
"unfair" to allow the defendant to rely not the defence, "unconscionable" or consent obtained by "exploitation" |
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Under what circumstances can you draw blood from an unconscious person? |
When they're suspected of impaired driving causing death or bodily harm. |
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When may a judge issue a warrant for blood, hair or saliva samples? |
Reasonably believed to have committed a specified sexual and other designated offence |
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Name the act that allows the Health Minister to designate any area a quarantine facility for detaining travellers, if necessary to protect public health |
Quarantine Act |
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Who has the authority to examine and search conveyance, thing or place other than a dwelling house without a warrant to determine if it could be the source of a communicable disease |
Quarantine and environmental health officers |
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What act allows a medical officer of health to order an exam and/or treatment of individuals with communicable diseases? |
Health Protection and Promotion Act |
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How many months can a person with a communicable disease be detained and treated in hospital |
6 months |
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When does the Immunization of School Pupils Act allows exemption from immunization |
-Religious/conscientious/medical grounds |
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7 Sections of end of life decision making |
1. Refusing, withdrawing from life-prolonging treatment 2. Demanding that a 3rd party withdraw life-prolonging treatment 3. Demanding life-prolonging treatment be initiated 4. Demanding life-prolonging treatment be continued 5. DNR orders 6. Assisted suicide 7. Euthanasia |
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Can you Refuse and Withdraw from Life-prolonging treatment |
Yep |
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Can you demand treatment staff withdraw you from life prolonging treatment if you're unable to do so |
Yep |
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Section 14 of Criminal Code |
No person is entitled to have death inflicted upon him or herself; reliance on such consent doesn't limit criminal responsibility of those who act upon it
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Can Health professionals refrain from providing life-prolonging treatment if they believe it's contrary to the patient's best interest |
Yep |
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According to CMPA, CMA and CPSO, can physicians place DNR orders on patient charts |
Yep, but not unilaterally. Must discuss with patient or SDM who challenge it |
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Assisted Suicide |
Active participation in assisting another person to commit suicide. Interruption of natural chain of events and the patient dies as a result of the intervention and not the underlying condition |
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Euthanasia |
Deliberate act of inducing a "gentle" death, "mercy killing" -If a physician assisted the patient in injecting lethal overdose. Meets criteria for 1st degree murder, but a less serious charge may be laid |
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A physician may have a defence to criminal liability in euthanasia if the patient was: |
a competent, consenting adult who had a previous and irremediable medical condition that caused enduring and intolerable suffering |
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Quebec Bill 52 |
Ac Act Respecting End of Life Care- all institutions must provide end of life care (terminal palliative sedation and medical aid in dying). Must be 18+, capable and insured |
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10 point checklist for consent to treatment |
1. Capable 2. Explicit Consent 3. Implicit Consent 4. Valid consent 5. Informed 6. Proof 7. If not consent, was it emergency 8. Valid substitute consent if not emergency 9. Factors invalidating consent (fraud, duress, mistaken belief) 10. Policy reasons to deny defendant right to raise defence of consent |
