class 3

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the patient with multiple sclerosis refuse, according to the case?

Accommodation measures (correct)

Medical treatments

Physical therapy

Surgical interventions

Why was court authorization obtained regarding the patient's case?

To arrange for her hospitalization

To enforce medical treatments

To revoke her independence

To address her understanding capacity (correct)

For minors over 14 years of age, when is parental consent required?

For non-serious health risks

When the minor can make informed decisions

For care that requires over 12 hours in a health establishment (correct)

For all medical care

What aspect of the minor’s care requires the involvement of a guardian or tutor?

Care that may cause serious health risks Signup and view all the answers

What cognitive and functional issues does the patient exhibit in relation to her illness?

She minimizes the extent of her cognitive limitations Signup and view all the answers

Who is responsible for providing consent for minors under 14 years of age when care is not required by state of health?

Parent or guardian Signup and view all the answers

What is the legal status of the consent given by a minor under pressure?

It is vitiated Signup and view all the answers

In the context of informed consent, what must be respected if health professionals are aware of them?

Advanced directives Signup and view all the answers

What was the outcome for Dr. S in the Malette v. Shuman case for ignoring a patient's written instructions?

Found at fault and charged with battery Signup and view all the answers

When is court authorization necessary for consent regarding a minor's health care?

When there is a serious risk to health Signup and view all the answers

What constitutes a defect of consent in a medical situation?

Consent obtained through coercion Signup and view all the answers

In which case did the phenomenon of 'battery' arise due to a disregard of patient consent?

Malette v. Shuman Signup and view all the answers

What is the essential condition for consent to be deemed valid and free?

It should be given without coercion Signup and view all the answers

What was the main reason for the Supreme Court’s ruling in the Ciarlariello v. Schater case?

There was no evidence that the patient's condition deteriorated after the first angiogram Signup and view all the answers

Which key aspect of medical ethics is highlighted by the Ciarlariello v. Schater case?

The necessity of obtaining informed consent Signup and view all the answers

What does Article 4 of the Code of Ethics of Nurses emphasize regarding professional practices?

Avoiding harmful or unproven treatment methods Signup and view all the answers

What is the patient's right linked to the duty to inform mentioned in the content?

The right to informed consent regarding their health Signup and view all the answers

What should healthcare professionals ensure when dealing with consent?

Patients do not feel pressured when making decisions Signup and view all the answers

What serious risk was associated with the second angiogram performed on the patient?

Potential for quadriplegia if the aneurysm was not found Signup and view all the answers

What constitutes a breach of the duty to inform in healthcare settings?

Not communicating all treatment options available to the patient Signup and view all the answers

Which of the following is NOT an issue for which patients have the right to information?

Expected costs of treatment Signup and view all the answers

What was the primary reason for the Plaintiff's health deterioration after surgery?

A virulent staph infection Signup and view all the answers

What was the Superior Court's ruling regarding the nursing staff's actions?

The staff's lack of supervision was not causally connected to the damages Signup and view all the answers

What was one of the consequences of the Plaintiff's infection?

Amputation of fingers and toes Signup and view all the answers

What did the Plaintiff allege regarding the nursing staff's actions?

They should have recognized and reported warning signs of infection Signup and view all the answers

In the case of Kauffman v. Toronto Transit Commission, what was the Plaintiff's claim?

The TTC was negligent for not installing a proper handrail. Signup and view all the answers

What is the primary obligation defined in extracontractual claims?

Not to cause harm Signup and view all the answers

Which of the following elements is NOT considered a core element of civil liability?

Consent Signup and view all the answers

What standard of proof is required to establish civil liability?

Balance of probabilities Signup and view all the answers

In the context of legal liability, which of the following best describes 'fault'?

Deviation from accepted standards of practice causing injury Signup and view all the answers

What is the maximum prescription period for claims in civil liability cases?

3 years Signup and view all the answers

Which statement accurately describes causation in civil liability?

An adequate unsevered causal link must exist between fault and damages Signup and view all the answers

Which of the following scenarios would likely demonstrate fault by a healthcare provider?

A healthcare professional fails to recognize signs of a serious complication Signup and view all the answers

What kind of claim arises from a failure to honor contractual undertakings?

Contractual claim Signup and view all the answers

Study Notes

Ciarlariello v. Schater (SCC)

Supreme Court ruling regarding a medical procedure gone wrong.
Underscores the importance of consent in protecting against civil lawsuits.
Case details: Nurse overcame a language barrier to provide thorough information to the patient.
Patient underwent two angiograms to locate a suspected aneurysm.
Procedure involved serious risks; during the second test, the patient displayed distress but consented to continue.
Patient became quadriplegic and later died.
Court ruled that there was no evidence of consent compromise during the second procedure.
Court considered the risks of not finding the aneurysm outweighed the potential for quadriplegia.

Duty to Inform

Patients have a right to information regarding their health condition, prognosis, and treatment options.
This right necessitates a duty to inform for doctors, nurses, and other hospital personnel.
Case example: Patient with multiple sclerosis refused accommodation measures, highlighting a lack of understanding of their condition and treatment implications.
Court authorization was obtained for the specific aspect of treatment.

Minors over 14 can consent to care required by their health state. Parental/guardian authority must be informed if care requires hospitalization over 12 hours.
Minors over 14 require parental/guardian consent for care not required by their health state if it entails serious health risks and potential grave, permanent effects.
Minors under 14: consent for health-required care is given by parental authority or tutor.
Minors under 14: consent for non-health-required care is given by parental authority, tutor, or curator; court authorization is needed if it involves serious health risks or potential grave, permanent effects.

Advanced directives, such as Ulysses contracts or end-of-life directives, must be respected.
Jehovah's Witness cases exemplify the conflict between patient autonomy and life-saving treatment.
Malette v. Shuman highlights the consequences of ignoring a patient's written refusal of blood transfusion, resulting in a battery charge and damages awarded.

Civil Liability - Overview

Extracontractual Claim (Article 1457 CCQ): Obligation not to cause harm. Applies to patient-hospital and patient-healthcare professional relationships (emergency/hospital).
Contractual Claim: Obligation to honor contractual undertakings. Applies to patient-doctor and patient-private nurse relationships.

Civil Liability – 3 Core Elements

Fault: Healthcare provider's actions deviating from accepted standards of practice, causing injury (including death). Conduct below a reasonable person's standard for risk mitigation.
Causation: Adequate, unsevered causal link between fault and damages. Must be proven; conjecture insufficient.
Damages: Bodily, moral, and/or material harm/prejudice.

Civil Liability - Fault (Example: Hubert c. Centre Hospitalier)

Patient suffered from hypocalcemia and a staph infection post-surgery.
Nurse administered calcium chloride IV, which extravasated, contributing to complications.
The court held that while nursing notes were incomplete, this wasn't causally linked to patient's ultimate damages (amputation and deafness).

Civil Liability - Causation (Example: Kauffman v. Toronto Transit Commission)

Plaintiff injured on an escalator due to another passenger's fall.
Plaintiff argued TTC's negligence (lack of handrail) caused her injury.
Court ruled that a causal relationship between negligence and injury must be empirically proven, not conjectured.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz examines the Supreme Court case Ciarlariello v. Schater, highlighting the legal implications of medical consent. It discusses the significance of patient information and the duties of healthcare professionals in ensuring informed consent. Analyze the balance between medical risks and patient rights in this pivotal case.