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Expand Up @@ -3,8 +3,7 @@ title: "No waiver necessary for a medical emergency"
author: rajah@cobaltcounsel.com
tags: ["No Waiver","Rajah"]
date: 2016-10-27 15:15:14
description: "In the event of a medical emergency, the consent of the patient is not required when the doctor believes the treatment is necessary.
For example, in M..."
description: "This article discusses that a waiver is not required in the even of a medical emergency, if the doctor believes that treatment is necessary."
---

In the event of a medical emergency, the consent of the patient is not required when the doctor believes the treatment is necessary.
Expand All @@ -13,4 +12,4 @@ For example, in *Marshall v. Curry (*1933), M.P.R. 267, the plaintiff went in fo

However, the defendant discovered conditions which neither party had anticipated and that in removing the testable he acted in the interest of the patient and for the protection of his health and possibly his life. The court dismissed the plaintiff's claim Nevertheless, in the event of a medical emergency doctors must respect the wishes of the client.

For example, in *Malette v. Shulman* 72 O.R. (2d) 417 (Ont. C.A.) a doctor was found liable in battery for ignoring a card stating that the patient did not want to receive blood transfusions because the patient was a Jehovah's witness. Doctors must respect a patient's right to refuse treatment. See also: Reibl v. Hughes 114 D.L.R. (3d) 1
For example, in *Malette v. Shulman* 72 O.R. (2d) 417 (Ont. C.A.) a doctor was found liable in battery for ignoring a card stating that the patient did not want to receive blood transfusions because the patient was a Jehovah's witness. Doctors must respect a patient's right to refuse treatment. See also: Reibl v. Hughes 114 D.L.R. (3d) 1