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Table 1 Thematic Classification of Section 21(2) of Ontario, Canada's Health Care Consent Act 1996 §

From: Documentation of best interest by intensivists: a retrospective study in an Ontario critical care unit

Medical Status

Treatment Plan at Issue

Substitute Decision Makers' Interpretation of Best Interests

Intensivists' Interpretation of Best Interests

2. Whether the incapable person's condition or well-being is likely to improve, remain the same or deteriorate without the treatment.

4. Whether a less restrictive or less intrusive treatment would be as beneficial as the treatment that is proposed.

1. Whether the treatment is likely to:

i. improve the incapable person's condition or well being

ii. prevent the incapable person's condition or well being from deteriorating

iii. reduce the extent to which, or rate at which, the incapable person's condition or well being is likely to deteriorate

The person who gives or refuses consent on his or her behalf shall take into consideration

a.) the values and beliefs the incapable person held when capable and believes he or she would still act on if capable

b.) any wishes expressed by the incapable person with respect to treatment that are not required to followed

3. Whether the benefit the incapable person is expected to obtain from the treatment outweighs the risk of harm to him or her.

  1. § After Sibbald and Chidwick[3]. Numbering corresponds to the text in the HCCA.