Has a healthcare professional asked you to take medication? Do they want you to undergo an examination or a blood test? No matter what the treatment is, the first step is to get your consent.
The right to choose… and to change your mind
Usually, as an adult, you can decide whether to accept or refuse the medical care that is recommended for you. If you make a free and informed decision, it must be respected, even if it puts your life at risk.
For a decision to be free, it must be made of your own accord, without being forced. For a decision to be informed, you need to have all the relevant information before making your choice.
Note that you also have the right to change your mind. Even if you have already given your consent or the treatment has already begun, you can still withdraw your consent. You simply need to inform the relevant healthcare professional.
In the case of an incapable person, consent is just as important. Healthcare professionals must consult the person authorized—by law or by a protection mandate—to consent to care on the patient’s behalf.
The right to be fully informed
Since your decision must be informed, healthcare professionals need to provide you with all the necessary information.
For example, your doctor must provide you with a diagnosis and explain the treatment they recommend for your condition. They must specify:
- Its nature
- Its purpose
- The associated risks
- The side effects
- The consequences for your health if you refuse the treatment
Lastly, your doctor must inform you of other treatment options, if there are any, and answer your questions.
Exceptions
There are certain situations where healthcare professionals may intervene without your consent. Here are some examples:
- An emergency requires that you be treated without delay to save your life or protect your physical integrity, and you are unable to consent to treatment right away due to your condition.
- You need to be hospitalized because your mental state poses a danger to yourself or others. However, they cannot treat you without your consent.
- The institution has obtained court authorization to provide you with medical care.
Legal recourse
Did the healthcare staff violate your rights regarding consent to treatment? Contact the health institution’s service quality and complaints commissioner. If you are not satisfied with their decision or do not receive a response within 45 days, please contact us. The Protecteur du citoyen’s services are free and confidential.
Do you have a complaint about a doctor or a resident? The Protecteur du citoyen cannot intervene, but you have other options.
