What is the legal test for analysis of a patient’s hypothetical choice?
Alberta, Canada
The following excerpt is from Gilberds v. Sobey, 2011 ABQB 491 (CanLII):
The legal test for this analysis is clearly established. In Reibl v. Hughes, Laskin C.J.C. considered the question of whether a patient’s hypothetical choice would be to engage in or refuse treatment. This assessment is taken from the perspective of the specific patient and the patient’s “particular concerns”, and in that sense the test is ‘subjective’. As a consequence, “[f]ar from making the patient’s own testimony irrelevant, it is essential to his case that he put his own position forward.” (at p. 899).
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