What is the current state of the law on intoxication in medical malpractice cases?

Malette v. Shulman, supra, supports the proposition that the right to refuse treatment presupposes the capacity to make a rational decision. Extreme intoxication is one of the conditions which may result in someone being incapable of making a rational decision. In my respectful view, the jurisprudence supports the trial judge's conclusion that the police officers in this case "had no right to impose attendance at the hospital on the plaintiff against his expressed refusal unless his state of intoxication excused them in overriding his expressed refusal". (d)The trial judge's analysis of whether the police conduct fell below the standard of a reasonable police officer, acting reasonably in the circumstances of the case