When No Means Yes: Voluntary Withdrawal of Consent to Medical Treatment
July 16th, 2009Case considered: V.A.H. v. Lynch, 2009 ABCA 221, overturning V.A.H. v. Lynch, 2008 ABQB
PDF version: When No Means Yes: Voluntary Withdrawal of Consent to Medical Treatment
The V.A.H. case draws attention to the challenge of determining what actions on the part of a patient constitute withdrawal of consent to medical treatment, specifically in situations where the patient is receiving psychiatric treatment. In Alberta, patients can be admitted to psychiatric facilities on either a voluntary or involuntary basis. Voluntary patients are considered to have the capacity to consent to treatment and are able to discharge themselves against medical advice. Involuntary patients are admitted under the Mental Health Act (MHA), R.S.A. 1980, c. M-13 and the issue of consent is more complex. This post deals only with voluntary patients.
Posted in Health Law
