Question: 1. A patient diagnosed with schizophrenia is prescribed drug therapy and discharged. Two weeks later, the patient returns having exhibited delusional behaviour, and admits to having decided not to take the prescribed medication. Under what circumstances, if any, can the medication be given without the patient's consent? If the patient is deemed not to be competent, to what extent, if any, is the patient's previous decision not to take the medication relevant?
2. In your jurisdiction, when a review of patient care is undertaken for quality assurance (QA) purposes, is the QA information protected by information access and privacy legislation or by common law? In your answer, identify relevant sources of law, and discuss the strength and importance of the protection. Is it necessary to protect quality assurance information to ensure the full involvement of health professionals in the process of quality improvement? Explain why or why not.
3. In Canada, is the law settled as to who has the final say with respect to the treatment of incapacitated patients when the family and health care team disagree? Provide an example of a case where this issue was addressed by the courts in Canada. Whether or not the law is settled, in your opinion, who should have the final say: the family, the health care team, or the courts? Why, and should there be exceptions?
4. If a patient has a tumour surgically removed, can the excised tumour tissue be banked for future use and then used? Is the patient's consent necessary? Identify the legal issues associated with the use of this type of material and the relevant sources of law.