law and health care Flashcards
charter of rights and freedoms
guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society
constitutional law
charter of rights and freedoms
statutory law
passed in parliment, federal example: immigration, taxation
provincial example: education, family, health care
regulatory law
subordinate legislation
not passed in parliament or legislature
delegated department or group of people create regulations that are legally binding
authority/ responsibility to create regulations is assigned through an act
act must be clearly outline authority to implement regulations
common law
all provinces/ territories except Quebec:
not established within legislature or formally written, results form decisions of the courts- case law
may govern in federal court of canada
civil law
quebec only:
based on the french code napoleon
relies heavily on written law, judges often refer to previous decisions and interpret written law
law classifications
public and private
public law
matters w individual and society as a whole, criminal, tax, constitutional, admin., human rights
may vary within jurisdiction
private law
matters concerning relationship between people or legal entities, contract, property, inheritence, family, tort etc.
tort
occurs when one person or that person property is wronged or harmed by another either unintentional and intentional
unintentional tort
the act caused physical or emotional injury or property damage, but was not deliberate (human error, misjudgement, negligence)
intentional
harmful act is deliberate (physical aggression, forcing unwanted care)
negligence
may be malpractice or professional misconduct, occurs when a health care provider unintentionally fails to meet the standards of care required of their profession, when duty of care owed to a person is not completed
duty of care
starts as soon as a professional relationship begins
professional standards, HCPs held more accountable, will face litigation if duty was proven not fulfilled, facilities can be help responsible for substandard care, standard must be met by all members of professional association
standard of competency
reasonable person possessing the required competencies is expected to meet
contract law
private agreement generally enforceable by the courts, provided agreement does not violate other governing law or is otherwise illegal in purpose
breach of contract
when one of the parties fails to meet terms of agreement
criminal law
federal legislation with few expectations, CRIMINAL CODE OF CANADA, crimes against people/ property and those deemed intolerable with society, must be proven guilty
guilt
performance of wrongful act with wrongful intent
strategies to avoid legal problems
facilities require criminal record checks, work within your scope, know policies and procedures, documentation, never provide substandard care, advocate, liability insurance, incident report, if harassed seek guidance, dont ignore unethical or illegal activities, dont get involved in illegal or unethical activites, adhere to privacy and confidentiality
government jurisdiction
authority over specific desginated geographic and legislative areas, possess the right to draft, pass and enact laws within its area of authority
federal jurisdiction
enforced CHA, provide financial support to prov or terr, specific populations
provincial jurisdiction
health care, hospitals, long term care etc.
federal laws and regulations
oversee certain components of health care activity covered under the criminal code, can establish prohibitions and penalties when violations occur, authority to pass legislation to over-ride prov/ter enactment of emerg power and matter of national concern
