Category Archives: Children and adolescents

Informed consent in children and adolescents: CONCLUSION (part 2)

As also noted above, several provinces have superseded these common law principles by enacting specific legislation. Some provinces’ legislation (eg, New Brunswick, Ontario’s Health Care Consent Act, 1996 and British Columbia) readily reflect the common law provisions.

Informed consent in children and adolescents: CONCLUSION (part 1)

As the above-noted case examples illustrate, the issue of minors and their ability to give informed consent has proved to be problematic for physicians in the past. One can imagine the reaction of the physician in the Johnston case when … Continue reading

Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 4)

Manitoba: In The Health Care Directives and Consequential Amendments Act, the preamble states that Manitoba law recognizes that mentally capable individuals have the right to consent to medical treatment. Section 4 states that persons aged 16 years and over are … Continue reading

Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 3)

Ontario: The Health Care Consent Act, 1996 came into force on March 29, 1996 and the Consent to Treatment Act has been repealed. Section 4 of the new act states: a person is capable with respect to a treatment, admission … Continue reading

Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 2)

Quebec: Quebec does not rely on common law as do the other provinces. Instead, most of Quebec’s civil law is codified, the basic principles of which can be found in the Civil Codes of Quebec. Section 1 of the Civil … Continue reading

Informed consent in children and adolescents: PROVINCIAL LEGISLATION (part 1)

For those provinces without specific legislation, the above-noted common law principles apply to the issue of informed consent and minors. However, several provinces have enacted legislation in an effort to clarify when and how minors may give informed consent to … Continue reading

Informed consent in children and adolescents: REFUSAL OF CONSENT OR INCAPACITY (part 2)

Some writers believe this right of refusal is a logical corollary to the right of informed consent: Where there is capacity and a right to consent to treatment, one must presume that there is a corresponding capacity and right to … Continue reading

Informed consent in children and adolescents: REFUSAL OF CONSENT OR INCAPACITY (part 1)

In the event a minor refuses to consent to treatment that the physician believes to be in the minor’s best interests, it is unclear whether a physician can accept the refusal and still claim the minor has capacity. Sharpe notes … Continue reading

Informed consent in children and adolescents: CASE LAW EXAMPLES

In Johnston v Wellesley Hospital et al, a physician treated a 20-year-old male to remove acne scars. The age of majority at the time was 21, but the physician obtained consent for the procedure from the then 20-year-old patient. The … Continue reading

Informed consent in children and adolescents: CAPACITY AND INFORMED CONSENT (part 2)

The responsibility for determining a minor’s capacity rests with the physician or another health care provider who is seeking the informed consent. Rozovsky and Ro-zovsky point out that the health care provider must assess each child on an individual basis … Continue reading

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