INTÉGRITÉ OU PRESTATION

LE DROIT DE REFUSER UN SOIN EN CONTEXTE D’ASSURANCE INVALIDITÉ EN DROIT QUÉBÉCOIS

Abstract

Under Quebec’s disability insurance system, an insured who refuses care may have their benefits reduced or cancelled. This can result from a clause in the insurance policy, the duty to minimize damages, or government compensation plans. This article explores the right to refuse care in the context of disability insurance; the analysis helps identify obstacles to exercising free and informed consent, evaluate the validity of said clauses, and understand the current state of the law. A dichotomy between human rights and duties emerges, forcing the insured to choose between their integrity and their insurance benefit.