Giving Medical Consent

A doctor cannot provide medical treatment without informed consent from the appropriate persons. Informed consent means that the appropriate person understands the medical treatment required and is aware of its consequences. The consequences include knowledge of the consequences of choosing not to take the medical treatment. Consent may be written, spoken or implied from the circumstances.

Where Informed Consent is not Possible

There are circumstances where a person is unable to give informed consent. These circumstances can include where a person is;

• (1) Unconscious;
• (2) A minor (under the age of 18); or
• (3) Mentally incapable of making decisions;

A person is also unable to give informed consent in certain circumstances, where the legislation of Alberta directs the medical treatment be administered.

(1) Relevant Person in Unconscious

Where a person cannot give their consent because they are unconscious, doctors will provide the necessary medical treatment.

Where a person is unconscious, doctors can be made aware of their advance medical directions by a tag, or card carried by the patient. A doctor will abide by that tag or card. If the patient carries a Jehovah Witness alert card, the doctor will likely abide by the wishes expressed in that document.

(2) Relevant Person is a Minor

If the patient is a child or minor (under the age of 18), their guardian can give or refuse consent for medical treatment. Generally, Alberta hospitals and doctors will ask for a parent or guardian’s consent to perform surgical procedures on persons under the age of 18 and who still live at home. The guardian’s decision must always be in the best interests of the child.

In Alberta, a ‘mature minor’ is entitled to give or refuse consent for any proposed medical treatment or procedure. A medical practitioner can make a determination as to whether a young person has sufficient intelligence and maturity to fully appreciate the nature and consequences of a medical treatment or procedure. There is no set age for a ‘mature minor’, however, generally the minor must be 14-16 years of age and capable of fully appreciating the nature and consequences of the particular medical procedure or treatment.

Parental or guardian consent may not be required for a minor in the following situations;

• Where a minor is married and has a child, they may give consent for their own medical treatment and the medical treatment of their child.

• Where a child over the age of 16 lives on their own and is considered a ‘mature minor’, they may give consent for their own medical treatment.

• Where a child over the age of 16 lives at home and requires urgent and necessary medical treatment, their consent is likely enough for the doctors to perform the urgent medical treatment.

• Where a child has a Court Order for medical treatment without their parent or guardians consent, after a doctor refuse to give the treatment without a parent or guardian’s consent.

(3) Mentally incapable of making decisions

A patient may lack the mental capacity to make decisions about their medical treatment. A person can lack the mental capacity when they are;

• Suffering serious brain damage (including a coma);
• Lacking the mental capacity; or
• Of an advanced age.

Where a person is mentally incapable of make medical decisions, a doctor will provide medical treatment based on the patient’s best interest. The Doctor may also consult with the family members in making a decision.

In Alberta, a person can plan for medical decision-making in the event of mental disability. In most circumstances this planning can only be executed by an adult. A person may be able to consent to simple treatments, such as taking antibiotics for an infection. A person may not be able to consent to more complex medical treatment, as they may not understand the consequences or serious side effects that may occur.