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The Canadian Law of Consent to Treatment, 4th Edition
Author
:
Leanne E. Tran
This book anticipates the possibility of a medical dispute and provides solutions to what could otherwise be a legal and risk management nightmare.
Publication Language: English
Published: June 08, 2023
Publisher: LexisNexis Canada
Consent to treatment is the most hotly debated medical legal issue in the world. The entire patient-provider relationship rests on it. The Canadian Law of Consent to Treatment anticipates the possibility of a medical dispute and provides solutions to what could otherwise be a legal and risk management nightmare. The 4th Edition is the long-awaited update of Lorne E. Rozovsky’s text, written by health lawyer Dr. Leanne E. Tran.
Features of This Book
- Up-to-date coverage of common consent issues – Includes criteria for valid consent; when consent is not required; issues with respect to consent and reproduction, human research, and tissue donation; determining capacity; refusing consent; documenting consent; and more
- Current legislation and initiatives – Includes new case law since the previous edition published 20 years ago
- Strategic recommendations and best practices that can be used to avert litigation – Includes “Risk Management Principles” featured at the end of each chapter
- Practical guidance for real-life situations – Includes appendices with prototype forms, template clauses, checklists, and guidelines
What's New In This Edition
- Additional information on IVF procedures, gender reassignment surgery, and genetic screening
- Additional information on the Consent and Capacity Board of Ontario relating to consent of the mentally incapable
- A new chapter discussing the challenges of older adults and medical care
- Updated consent principles arising from new/updated laws such as the Substitute Decisions Act, Health Care Consent Act, Mental Health Act, PHIPA, PIPEDA and EU GDPR
- Additional information on consent principles in research based on the updated Tri-Council Policy Statement (TCPS2) including consent to research during public health outbreaks, critical inquiry, research involving Indigenous Peoples, secondary use of human biological materials, and human genetic research
- A case study on the Canadian Collaboration for Child Health: Efficiency and Excellence in the Ethics Review of Research (CHEER)
- Sections on physician assisted suicide and the right to refuse treatment including discussion of Canada’s Medical Assistance in Dying (MAiD) laws added
- Update of consent litigation cases
- New sections on enterprise risk management frameworks including using technology in health care
- Sample consent forms and checklists for organ and tissue donation, IVF procedures, do not resuscitate (DNR) orders, power of attorney, genetic screening, and research added to the Appendices
Who Should Read This Book
- Health law, medical malpractice and personal injury lawyers looking to advise clients on issues of consent, and minimize the risk of lawsuits, class actions, and other legal and regulatory proceedings
- Health risk managers, health administrators, and healthcare providers looking to understand the legal rights and duties imposed on them, their healthcare institutions, and patients as they work toward their goal of meeting patients’ needs
- Legal and medical professionals as well as their students and trainees looking to learn, understand, and debate the issues regarding consent to treatment as well as the legal, regulatory, and risk management issues in the health sector
Chapter 1: Consent as a Process
Chapter 2: Obtaining Consent in Exceptional Circumstances
Chapter 3: Consent, Reproduction, and Sexuality
Chapter 4: Mental Incapacity to Consent
Chapter 5: Older Adult Patients and Medical Care
Chapter 6: Children, Adolescents, and Consent
Chapter 7: Human Research and Experimentation
Chapter 8: Human Tissue and Organ Donations
Chapter 9: The Right to Refuse Treatment
Chapter 10: Documenting Consent
Chapter 11: Consent Litigation
Chapter 12: Practical Solutions and Risk Management
Appendix I – The Do’s and Don’t’s of Writing a Consent Note
Appendix II – Consent Checklist
Appendix III – Common Consent Clauses
Appendix IV – Leaving Hospital Against Medical Advice
Appendix V – Advance Directives and Power of Attorney
Appendix VI –Advance Medical Directive/Release Form of Person with Religious Belief Against Treatment with Blood or Blood Products
Appendix VII – Letter to Parents with Religious Beliefs Against Treatment with Blood or Blood Products
Appendix VIII – Authorization for Substitute Consent for a Child
Appendix IX – Consent in Research
Appendix X – Foreign Language or Sign Language Consents
Table of Cases
Index
