Health Law

Question 1

what are the 2 areas of law?

Answer 1

public and privte

Question 2

what is public law concerned with?

Answer 2

relationships between
society and
individuals

Question 3

what is private law concerned with?

Answer 3

relationships between
individuals

Question 4

what are the subsects of private law?

Answer 4

common low and civil law

Question 5

what are the elements of consent?

Answer 5

• Voluntarily given
• Sufficient mental competence
• Referable to the treatment and provider
• Informed

Question 6

what does the patient have to be. informed of for consent?

Answer 6

• material risk
• consequences of the risk
• alternative treatments

Question 7

what essential information must be included in a consent?

Answer 7

• nature of the proposed treatment
• gravity of the proposed treatment
• material risks and special or unusual risks associated with the proposed treatment
• alternatives to the proposed treatment

Question 8

what councils are under the canadian court system?

Answer 8

• Superior Courts
• Courts of Appeal (provincial and federal)
• Federal trial court
• Supreme Court of Canada

Question 9

define negligence

Answer 9

When a healthcare provider, such as a nurse, fails to perform their duties in
accordance with the expected standard of care, resulting in harm, injury, or damage to a
patient

Question 10

what are the 4 elements of negligence?

Answer 10

1. duty of care
2. breach of standard of care
3. injury/damages
4. causation

Question 11

what actions may give rise to a breach in standard of care?

Answer 11

• Failing to communicate with other health professionals in a timely fashion
• Failing to properly monitor and assess clients
• Failing to maintain proper records
• Failing to follow hospital policy
• Failing to intervene when there is clear and obvious neglect or incompetence on the
  part of another health professional

Question 12

what is the “but-for” test?

Answer 12

• Imagine rewinding time and removing the defendant’s negligent act - Would the plaintiff still have suffered their injuries?
• If the answer is “NO” then the defendant’s negligence was a “but-for” cause of the injuries.
• If the answer is “YES” then the defendant’s negligence was not a “but-for” cause.

Question 13

define vicarious liability

Answer 13

the employer is liable for negligent acts of
employees and will be responsible for paying monetary damages awarded to
injured