Singapore legislation

Clause 7

Acts in connection with care or treatment

If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if —

(a)

before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question; and

(b)

when doing the act, D reasonably believes —

(i)

that P lacks capacity in relation to the matter; and

(ii)

that it will be in P’s best interests for the act to be done.

D does not incur any liability in relation to the act that he would not have incurred if P —

(a)

had had capacity to consent in relation to the matter; and

(b)

had consented to D’s doing the act.

Nothing in this section —

(a)

excludes a person’s civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act;

(b)

affects the operation of the Advance Medical Directive Act (Cap. 4A);

(c)

applies to the conduct of a clinical trial.