CHAPTER 8 Incompetent patients and substitute decision-making 8.1 Substitute decision-making [8.1.1] What if an incompetent patient needs treatment? Once it has been determined that a patient is incompetent, the health…
CHAPTER 4 Negligence and standards of care 4.1 Negligence [4.1.1] What is negligence? A claim in negligence is a civil claim that is successfully brought when one person, the tortfeasor…
CHAPTER 5 Aspects of the therapeutic relationship 5.1 Non-tortious legal duties [5.1.1.] While most attention in health law is given to the law of tort, other legal duties arise in…
CHAPTER 7 Competence 7.1 Assessing the competence of patients to give consent [7.1.1] What is meant by ‘competence to consent to medical treatment’? As chapter 6 makes clear, consent is…
