What is a medical patient’s duty to follow instructions?

Ontario, Canada


The following excerpt is from Skead v. Chin, 2020 ONSC 1283 (CanLII):

Mr. Justice Belobaba summarized a medical patient’s responsibilities in Polera v. Wade, 2015 ONSC 821, aff’d 2015 ONCA 895, at para. 23: Medical patients have certain duties and responsibilities when seeking medical treatment, including: (a) a duty to provide information to the doctor; (b) to follow instructions; and (c) generally to act in their own best interests. In carrying out these duties, they are expected to meet a reasonable patient standard. If they do not, and the breach of this standard is the factual and proximate cause of their injuries, they may be found to be contributorily negligent. A reasonable patient standard is measured objectively, but the circumstances faced by the patient are also taken into account when determining how a reasonable patient would react in the circumstances. [Emphasis in original.]

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