Selasa, 16 Agustus 2016

Patient Rights to Demand Non-Beneficial Treatment in Ontario

University of New Brunswick law professor Hilary Young has a vivid description of the Supreme Court of Canada's decision in Cuthbertson v. Rasouli.  



"The Court took a novel approach, requiring physicians sometimes to provide life-sustaining treatment contrary to their conscientious professional discretion."



"What is important to understand is that patients or their SDMs can effectively demand treatment – even harmful treatment – by refusing consent to the treatment being withheld. That is, by requiring consent for withholding or withdrawing treatment, the Court created a de facto entitlement to treatment."



"What’s more, the Court found this to be the case even where the treatment in question is: harmful, contrary to physicians’ conscientious professional discretion, or contrary to the standard of care."


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