Intro to Legal System Flashcards
Roles in Malpractice Litigation
Treating Professional
Defendant
Expert Consultant (Opinion Witness)
Expert Consultant (Trial Witness)
Common Law
Judge-made cases (Oral or Written)
Interpretation of legislation, acts, and regulations, and prior cases
- Can be displaced by legislation
Promotes efficiency of legal and judicial resource
Civil Proceeding
- Investigation
- Pleadings
- Document Discovery
- Oral Discover through questioning
- Case Assessment
- Expert Opinions
- End Game
- Trial
Optional 9: Appeal
Administrative Law
Government gives power to administrative bodies (ACP) to carry out establishing/implementing laws and decision making
Ex. Complaint is made to ACP that Pharmacist did not meet the standards
Criminal Law
Deals with intentional harms towards an individual or the public
Ex. Pharmacist steals medication
Administrative Law
- Structure
Legislature of Alberta –> Health Professions Act and Regulations
–> ACP (Serve public interest, Continuing Education, Competence, Registration, Code of Ethics)
How do Patients Prove
Facts: What patient remembers, what the chart says
Opinion: What the experts say in their reports
Standard of Proof: Balance of probabilities (50%+)
ACP Role
Serving the Public Interest
Registration
Competence
Continuing Education
Code of Ethics
Constitution and the Canadian Charter of Rights and Freedoms
Separation of powers between federal and province
- Capable of growth and expansion
Why do Patients initate Civil Preceedings
- Find out what happened
- Financial compensation for harm
- Vindication/Validation of suspicions
- Punishment
- Deterrence
Civil Law
Disputes among private parties
- Not meant to punish, is meant for compensation of victim or validation of rights
Ex. Pharmacist gives the wrong dose causing an adverse health reaction
Canadian Court System
Federal Court / Tax Court
–> Federal Court of Appeal
–> Supreme Court of Canada
Alberta Court of Justice
–> Court of King’s Bench
–> Alberta Court of Appeal
–> Supreme Court
