When you’re offered medical care, it can sometimes be hard to know what factors to consider before making a decision. You have the right to accept or refuse medical care. In most cases, the medical team can only provide medical care if you accept.
Éducaloi has created a poster that summarizes three simple questions to ask yourself before accepting or refusing care. These questions can help you have an open and informed discussion with the medical team and participate fully in conversations about your health.
When we talk about “medical care,” we often think of surgery or treatments. However, the concept is much broader. Care could be, for example:
- medication,
- a blood sample, an exam, or a test,
- a consultation,
- a medical procedure,
- any other care intended to prevent, diagnose or treat a medical problem.
First: Do I have all the facts?
To make an informed decision, you first need to understand what is being recommended. Before you decide, the medical team must explain to you:
- your medical condition,
- the recommended treatment, including its expected benefits and possible risks,
- the risks if you refuse medical care,
- other options available to you.
Don’t be shy about asking questions. They can help you better understand the situation and make a decision that works for you.
Second: Is my decision free and informed?
If you accept medical care, it means you consent to care. Consent is a personal choice. You can accept or refuse care, but your decision must be made freely. No one is allowed to threaten or intimidate you, or make you feel guilty so that you accept or refuse medical care.
It’s normal for a healthcare professional to explain to you the risks associated with refusing medical care. The law requires them to. It’s not to pressure you, but to make sure you have the information you need to make an informed decision.
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Some red flags Do you feel like someone is pressuring you to accept or refuse medical care? You can ask to speak to another member of the healthcare team or, when available, ask for a second opinion. If you think your rights have not been respected, you can also look into possible recourses, for example by getting in touch with the service quality and complaints commissioner for the establishment you are dealing with. |
Third: Do I have legal capacity to make this decision?
In general, adults are assumed to be capable of making their own decisions regarding their care. In legal terms, we say that the person has “capacity” to consent. Having capacity means, among other things, being able to:
- understand the nature of their medical condition,
- understand the medical care being recommended,
- understand the benefits, risks, and consequences of accepting or refusing treatment,
- communicate your decision.
In some situations, a person may no longer be able to make this decision for themselves. This may be because of an illness, a cognitive impairment, or an accident, for example. In these cases, we say that the person “lacks the capacity to consent to care.” This incapacity can be temporary or permanent.
The medical team determines whether a person has the capacity to consent to the recommended medical care. This assessment is done on a case-by-case basis. Refusing medical care that could have benefits does not, on its own, mean that a person lacks capacity.
If the medical team determines that a person is incapable of consenting to recommended medical care, the law has rules for determining who can decide for them.
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Important! There are different kinds of incapacity. A person may be unable to manage their finances or their belongings but still be capable of deciding whether to accept or refuse medical care. Similarly, a person under legal guardianship or a protection mandate may sometimes be capable of making decisions by themselves regarding their medical care. |
A poster to show you the way
To help you remember the basics, Éducaloi has made a poster that sums up these three questions and the main information to keep in mind before accepting or refusing medical care.
You can use it before going to a medical appointment, when you’re in hospital, to get ready to talk to a healthcare professional, to support your loved ones or simply as a reference tool.
The poster is available for free. Depending on your needs, you can either read it, download it, print it or order it.