The patient's duty to co-operate

Abstract

Since publication of the celebrated dictum of the late Mr. Justice Bissonnette to the effect that ". . . dès que le patient pénètre dans le cabinet de consultation du médecin, prend naissance entre celui-ci et le malade, par lui-même ou pour lui-même, un contrat de soins professionnels", there has been a noticeable but nonetheless understandable tendency on the part of contemporary jurists to interpret this sui generis contract with a greater emphasis on the obligations of the medical practitioner. Indeed, one would almost conclude that the patient's duty is limited to presenting his or herself at the place of treatment along with a sufficient sum of money or a Quebec Health Insurance card, and passively submit to treatrnent. In reality, the patient very often has quite an active role in the pursuit of recovery. This participation may take the form either of a positive act or an abstention; for exarnple, a patient might be required to perform prescribed forms of therapy for improvement of a crippled limb, or he may be ordered to give up alcohol and tobacco in order to cease irritating an ulcer. In any case the degree of co-operation by the patient may have a direct bearing on the outcome of treatment. [...]"