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Final Flashcards

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1
Q

Negligence

A

Brach of tort law or breach of standard care. Failure to exercise reasonable standard of care in circumstance. Liability for careless or substandrad care

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2
Q

Mustafic Vs Smith

A

Doc dives dpressed patient day pass and he kills himself and 2 kids. Doctor was not negligent because event was not forseeable. Reasonable decision despite being wrong

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3
Q

6 elements of negligence action

A 
Duty of care
Standrad care and its breach 
Causation
Remoteness of damages
Actual loss
Prejudical conduct
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4
Q

Duty of care

A

Plaintiff proves doctor owed patient legal obligation to reasonable standard of care. Wrongful positive acts creating forsseable risk of injury

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5
Q

Standard of care

A

Determined by expert witness. Profesisonals with more qualifications are held to higher standrad

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6
Q

Remoteness of damages

A

Determine if causal relationship is too teuous or remote to warrant recovery of losses. losses must be a forsseable result of damages

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7
Q

Causation

A

Determien negligent conduct in plaintiff losses

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8
Q

Actual loss

A

Must be recoverable by tort law. Doesnt include grief or detah

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9
Q

Prejudicial conduct

A

Negligence damages are reduced if defendant can prove that plaintiff contributed to negligent act. Voluntary assumption of risk

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10
Q

2 Defenses to negligence

A

Customary practice–> court can reject if unsafe

Fiscal restriant–> courts dont like to accept this

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11
Q

Law estate vs Simcoe

A

Doc cant consider costs when makign tretament descions

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12
Q

Jinks Vs Caldwell

A

Patient drowns in hospital bath tub. Hospital found liable for fialure to protect patient by not having enough nurses on duty.

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13
Q

Mitchell vs Ontario

A

Plaintiff kid dies in hospital waiting room. Court said you cant sue goverment for policy matters, and there was no act of bad faith towards them. Damages awarded for breach of fiduciary duty and public office

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14
Q

Government appoined task force

A

Optional, no fault compensation system , patient awarded without proving HCP was negligent–> avoid healthcare injuries.
Easy win, but tort law suits come up with more awards

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15
Q

McKinnon vs Grand River

A

Optional surgery for uncomfortable throacic outlet disables patiet when doc doesnt do good pre- crae and no CV unit. Court found surgeon liable for breach of satndard care

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16
Q

Crawford vs. Penny

A

Locality rule. Doc fialed to provide adequate care for diabtes mom and fat baby who had herat attack. Doc argued locality rule but was found liable.

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17
Q

Paur vs Providence

A

Drunk, suicidal patient hangs himself in hospital bathroom. Nurses liable for breach of standrad care. Hospital liable for failign to protect patient

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18
Q

Comeau vs St John

A

Er discharged guy with chest pain on residents order, died next day. Resident liable for not appreciating limits. Specialist laible. Hospital liable for not enforcing poliy

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19
Q

GI vs Rusch

A

Girl claimed sexual abuse and counsellor aided memory development. Girl reported to family and police, family sued for negligence in breahc of care of fiduciary duty to family and patient. Court rejected claim because family is not owed FD and it is good to encourage reporting

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20
Q

Jones Vs Kaney

A

Guy injured in crash diagnosed with PTSD by psychologist. Doc met with lawyer and signed thing saying she agreed he was exaggerating. Liable for lying in court

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21
Q

Negligence in informed consent

A

Plaintiff must prove that failure to disclose information in consent, caused them to get a tretament they wouldnt have otherwise agreed to. Pro-defendant test of causation

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22
Q

Non-material risks in disclosure

A

Factors that may concern the individual if they are an athlete

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23
Q

Bollman vs Soenen

A

Doc took out ureter during hysterectomy. Judge said plaintiff was only warned of bleedin/infection, wouldnt have had surgery otherwise. Doc was granted appeal. So low risk she would have done it anyway. No grounds for causation

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24
Q

Disclosing errors

A

HCP can common law and fiduciary duty to report mistakes to patient

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25
Q

Apology Act

A

Statement of regret can not be used as evidence , whether or not it implies fault.

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26
Q

4 Duties of Affirmative action

A

No duty to render aid, some actions apply to special relationships. Treat, refer, render aid/rescue, control

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27
Q

5 CPSO requirements to refuse to treat

A 
Inform patient it contradicts beliefs
Inform all options
Expres sno moral judgements
Timely and effective referral
Mut provide emergency care
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28
Q

Duty to treat

A

Can’t refuse based on descrimination. Can limit size of practice

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29
Q

Duty to rescue/render aid

A

No HCP duty to assist at a scene. Only in course of esisting relationship

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30
Q

Good Samaritan Act

A

Protects those intervening in emergency unless grossly neglignet

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31
Q

Duty to refer

A

HCP liable if they exceed their capacity in treatmetn. Must make referral if needed

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32
Q

Duty to control

A

People who have legal authority over someone are liable for their conduct–> parents, teachers, psychiatrists and nusres

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33
Q

Ahmed Vs Stefaniu

A

Psychotic guy admitted involuntarily under MHA. Doc released him as voluntary and he murdered his sister. Doc negligent for breach of standard duty of care

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34
Q

Brown vs Alberta

A

Baby CT scan shows injury suspicious of being shaken. Dcotor liable for not reporting the abuse

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35
Q

DM vs BC

A

Methadone baby put in foster care with inadequate foster mom who shook her. Ministry laible for failing to protect kid

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36
Q

Ravikovich Vs Ontario

A

2 year old dies at daycare ministry knew was overcrowded. Ministry liable for fialing to protect kids

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37
Q

Occupational Healthy and Safety Act

A

Employers personally liable for failing to report abuse by their staff

38
Q

3 factors in duty of care in references

A

Nature of info–> liable for someone you personally endorsed
Reliannce of info
Risks involved in job in question

39
Q

Public records

A

Admissable in evidence and assumed to be true in court

40
Q

Provincial offense for record keeping

A

Fined under MHA

41
Q

Falsifying records

A

Civil liability, profesisonal discipline, provincial prosecution, criminal code offense

42
Q

Provincial statutes with confidentiality, disclosure obligations

A 
Eductaion act
PHA
MHA
CFSA
-- apply to individuals and agencies
43
Q

Statutes applyign to public sector agencies

A

MFIPAA- municipal

FIPPA- provincial

44
Q

Statutes applying to private agencies

A

PHIPPA

45
Q

PHIPA

A

Collection use and disclosure of health information by HICs

46
Q

MFIPPA/FIPPA

A

Provide people with right of access to info gov has on them

Protect privacy by restricting gov use with info

47
Q

Quality of care information protection act

A

Disclosure to QOC comitee in deliberations. Limtits acces to info and makes it inadmissable in civil court

48
Q

PIPEDA

A

Governs info used in commercial activities. Doesnt apply to HCPs. Displaced by provincial legislation, PHIPA but not QCIPA

49
Q

Statutory retention

A

Hospitals keep patient records for 10 years, or untila ge 28 for minors

50
Q

Confidentiality under RHPA

A

Profesisonal misconduct to breach

51
Q

Common law consequences for BOC

A

Sued by patient for contratc breach, fired for employee contract breach.

52
Q

Intrusion on seclusion and invasion of privacy

A

Wrongful accessign

Wrongful disclosing

53
Q

Sources of consequence for BOC

A

Fiduciary duty
Regulatory college
Prov/fed statute
Professional

54
Q

Privelege

A

Right to refuse to disclose confidential info in mandatory reporting or court

55
Q

Solicitor/Client privilege

A

Only automatically privileged profesisonal relationship. Info disclosed in seeking legal advice. Cant be waived by the lawyer. Statemetn cant be in futherasnce of crime

56
Q

Litigation privilege

A

Statements and documents in trial preparations to help settle cases out of court. Narrowed recently

57
Q

Spousal privege

A

Person can choose to testify for Crown aginst spouse but cant be forced. Can limit disclosure

58
Q

Informant privilege

A

Prevents dislcosure of informant info unless needed to to prove innocence . Belongs to crown and informant, cant be waived without conset

59
Q

4 Slavutych tetss for priveliege

A

Communication must occur in confidence
Confidentiality must be crutial in maintaining relationship
Society must foster relationship
Harm to relationship must outweigh public interest in revealing info

60
Q

R vs Gruenke

A

Woman confessed to priest about murder, who was claled to testify. Woman argued convo should be privleged. Court said no because it wasnt in religious interest. SSC said no Slavutych

61
Q

Prov/federal privelege

A

Fed–. criminal law, constitution– decide what evidence is admissable
Prov– CFSA, QCIPA

62
Q

Charter sections that privelege can violate in criminal cases

A

7 and 11

63
Q

R. Vs Oconnor

A

SSC balance of right of victim and accused in disclosing medical records in sexual assault cases. Third party record (Crown) are not subject to automatic disclosure

64
Q

Criminal Code Amendments, oconnor

A

Govern diclosure of records in third party possession. Crown must notify accused of possession. Accused applies for disclosure. Court can disclose it to court, and then defense

65
Q

Statutues governing disclosure without consent

A

MHA

PHIPA

66
Q

Tadros Vs Peel

A

Grouhphome man charges dropped for 8 child sexual assault cases. Consented for police chec for job, contacted toronto police. Mans injunction to have records destroyed was denied.

67
Q

Disclosure in public interest

A

In order to prevent miscarriage of justice like wrongful conviction

68
Q

Board vs Dr.Hansen

A

Doc thought former patient was lyign about sexual assault, contacted crown by duty to report, new trial happened. College suspened doctor for being incompetent

69
Q

PHIPA disclosure by HIC without consent

A

Health officer, PGt, childrens aid, lawyer
Head of residential institution
Person doing legal investigation

70
Q

Defamation

A

Balance of tort law to protect repuatation and right to free speech

71
Q

3 defenses for defamation

A

Justification
Qualified Priveliege
Absolute Privilege

72
Q

3 Absolute privilege

A

Public interest outweighs protection of reputation.
In cabinet or on legislative floor, court
Solicitor client
Quasi judicial body

73
Q

Read vs Munt

A

Doc appointed to assess mother in custody case. She said he was bias and sued in defamation. He said it was privileged in litigation but court rejected defense. Needs to be made in court

74
Q

Schut vs Magee

A

Defendant wrote 2 letters to COP about doctor incompetence, sued in defamation. Court said it was privileged as COP is a quasi judicial body

75
Q

Qualified privilege

A

Person with legal duty to make statement, recieving person has duty to listen.

76
Q

Evidence acts

A

May compell someone to disclose unless privileged. Doc must obtain consent before diclosing info to lawyer

77
Q

Failure to mandatory report

A

Civilly liable. But mistep and you could breach confidentiality

78
Q

Criminal code MR

A

Treason to RCMP or justic of peace

79
Q

Highway traffic act

A

Must report condiitons of 16 by doc and optometrist. No duty of other HCP unless serious enough to breach under duty to warn

80
Q

HPPA

A

HCP must report communicable disease to MOH. Name of HIV patient in preventative tretament can be withheld

81
Q

Coroners act

A

Everyone must report suspicious deaths. MR for detah in institutions

82
Q

Hospital mangement regulation 965

A

Must notify hospital admin if patient admitted is dangerous

83
Q

Vital staistics act

A

HCP duty to register births and still irths with Ontario registrar general

84
Q

LTCHA

A

Everyone must report abuse suspicions to director. Failure to report by liscensee or staff is an offense

85
Q

Health information protection act

A

Employer must notify college if they fire or discipline HCP for misuse of patient info

86
Q

Disabilities Iclusion act

A

Agencies must immediately report absue suspicions to police

87
Q

RHPA

A

Must report suspicion that HCP is sexually abusing a patient, duty only arises if HCP name is known. Must be within 30 days or longer if it will continue

88
Q

CFSA

A

Anyone suspicious of child abuse of care giver must report to children aid . Failure to protect by police, teacher, clergy or HCP is provincial offense. Even if info is confidential with the exception of s/C

89
Q

Rolon vs Bell

A

Nurse reported granpa to CFSA, interview said he was fine, sued in defamaiton. Defendants claim was accepted because she acted in good faith, and qualified privilege out of duty to report

90
Q

TJ vs Barber

A

Counsellor took french girl to hospital, thought she wantefd to kill dad. Counsellor negligent, no privilege . BOC because threat couldnt be carried out, plaintiff awarded damages

91
Q

Nissen vs Durham

A

Sued gov for fialign to protect her as informant. Plaintiff awarded damges for police breach of duty to protect.

Healthcare Law (2 decks)

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