Sterilized without consent, B.C. man awarded $150,000. (Health).VANCOUVER -- A Nanaimo surgeon will pay $150,000 plus costs to a British Columbia man who was sterilized ster·il·ize tr.v. ster·il·ized, ster·il·iz·ing, ster·il·iz·es 1. To make free from live bacteria or other microorganisms. 2. in 1997 without his consent. The B.C. Supreme Court approved the settlement in a lawsuit brought by the Public Guardian and Trustee, Jay Chalke, on behalf of the man. Chalke said his office would work with the client and his family to ensure that the money is used for his benefit. Current British Columbia law says nobody can give consent on someone else's behalf to a sterilization sterilization Any surgical procedure intended to end fertility permanently (see contraception). Such operations remove or interrupt the anatomical pathways through which the cells involved in fertilization travel (see reproductive system). that is not medically necessary medically necessary Managed care adjective Referring to a covered service or treatment that is absolutely necessary to protect and enhance the health status of a Pt, and could adversely affect the Pt's condition if omitted, in accordance with accepted . It is based on the 1986 Re Eve case in which the Supreme Court of Canada The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system.[1] was asked to rule on that issue. The court said non-therapeutic sterilization could never be said to be a decision for the benefit of a person who is incapable of consenting. For other medical procedures, the Supreme Court of British Columbia The Supreme Court of British Columbia (SCBC) is the superior trial court for the Canadian province of British Columbia. The SCBC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. can appoint a legally authorized substitute decision maker, known as a "committee of the person" under the Patients Property Act. In arguing the current case, Chalke urged that guidelines regarding sterilizations of persons unable to give or refuse their own consent be developed to assist families and physicians in complying with the law. 604-660-4474 |
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