Health Law and Policy, battery, consent, pelvic examinations, medical treatment
In 2010, The Society of Obstetricians and Gynaecologists of Canada (SOGC) and The Association of Professors of Obstetrics and Gynaecology of Canada (APOG) released an updated policy statement regarding pelvic examinations performed on women under anesthesia. The updated statement, unlike the previous 2006 guideline that applied to “medical trainees” (explicitly including students and residents), for the most part only applies to “medical students”. Pelvic examinations conducted for training purposes presumably constitute a battery in law, subject to the defence of consent. Residents need to be covered by an SOGC and APOG policy statement regarding pelvic examinations for training purposes with the same requirements that the updated statement establishes for medical students.
Elaine Gibson & Jocelyn Downie, "Consent Requirements for Pelvic Examinations Performed for Training Purposes" (2012) 184:1 CMAJ 1159.