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Health law

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Use this page for leads to subject headings, secondary titles and primary materials relevant to issues of informed consent.

Informed consent

The doctrine of informed consent addresses the patient's right to make meaningful decisions about receiving medical treatment. Informed consent issues arise due to negligence, where causation is an issue, and battery. Elements of informed consent are addressed in many significant cases including some from the Supreme Court of Canada.

Selected secondary materials applicable to the doctrine of informed consent

Downie, chapter 4.

BC Ministry of Health, Health Care Providers' Guide to Consent to Health Care (Victoria: Ministry of Health, 2011)

L. Rozovsky, The Canadian law of consent to treatment, 3d ed. (Toronto: Butterworths, 2003)  KE3663 I5R69 2003 (Priestly)

Downie & Gibson, eds., Health law at the Supreme Court of Canada, ch. 6. (Toronto: Irwin Law, 2007).  KF3821 H395 2007

CCH Canadian Limited, Canadian Health Facilities Law Guide (Toronto: CCH, 1997-), looseleaf, "Consent and Negligence available online to registered users of the UVic Law School Program. KF3825 A6C36  

Many legal literature articles address informed consent. Footnotes in Downie, chapter 4 are a good starting point for terminology and author names to use in searches with Library Search.

Case law and legislation applicable to informed consent

Some legislation touches on consent in respect of health care; a simple CanLII search for "consent" in the title of legislation returns some results: CanLII Search

Informed consent and general consent arises in legislation dealing with age and capacity. See, e.g., Infants Act, RSBC 1996, c 223, s 17.

The principles of informed consent are found in the case law more so than in legislation. The case law on the topic is extensive. A simple search for "informed consent" and "medical" in the Supreme Court of Canada database on CanLII returns some leading cases: CanLII Search

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