What is the proper test to apply in cases of medical urgency?
Ontario, Canada
The following excerpt is from Rasouli v. Sunnybrook Health Sciences Centre, 2011 ONSC 1500 (CanLII):
The respondents submit that the proper test to be applied in cases such as this is the "best interests" test. As described in Sweiss v. Alberta Health Services, supra, at para. 63, in applying the best interests test in cases of medical urgency the court should take the following into account: (i) the medical condition of the patient; (ii) the recommended medical treatment, including doing something, nothing or very little; (iii) the wishes and beliefs of the patient, if they are known; and (iv) what is just and equitable in all of the circumstances of the case.
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