Law and Health Care Flashcards
1
Q
constitutional law
A
- charter of rights and freedoms
- freedom of conscience and religion
- freedom of though, belief, opinion, and expression, including freedom of the press and other media of communication
- freedom of peaceful assembly
- freedom of association
2
Q
statutory law
A
- passed in parliament or provincial legislature
- federal ex: immigration, taxation, divorce
- provincial ex: education, family, health care
3
Q
regulatory law
A
- 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 clearly outline authority to implement regulations
4
Q
common law
A
- all provinces/territories except Quebec
- not established within legislature or formally written
- results from decisions of the courts (case law)
- may govern in Federal court of Canada which operated in all provinces/territories including Quebec
5
Q
civil law
A
- Quebec only
- based on the French Code Napoleon or Civil Code
- relies heavily on written law
- judges often refer to previous case decision and interpret written law
6
Q
public law
A
- matters between individual and society as a whole
- criminal, tax, constitutional administrative, human rights
- may vary between jurisdiction
7
Q
private law
A
- matter concerning relationships between people or entities
- contract and property, inheritance, family, tort, corporate
8
Q
intentional tort
A
- harmful act is deliberate
- physical aggression
- forcing unwanted care
9
Q
unintentional tort
A
- act caused physical or emotional injury or property was damaged, but was not deliberate
- human error
- misjudgement
- negligence
10
Q
negligence
A
- malpractice or professional misconduct
- when a health care provider unintentionally fails to meet the standards or care required of their profession
- when a duty of care owed a person is not complete
11
Q
duty of care
A
- starts as soon as professional relationship begins
- professional standards
- HCPs are held more accountable
- HCPs will face litigation if duty was proven to not be fulfilled
- facilities can be held responsible to substandard care
- litigation considers that standard of competency that a reasonable person possessing the required competencies is expected to meet
- standard must be met by all members of professional association
12
Q
criminal law
A
- federal legislation with a few exceptions
- Criminal Code of Canada
- crime against people/property and those deemed intolerable with society
- guilt= performance of a wrongful act + with wrongful intent
13
Q
government jurisdiction
A
- authority over specific designated geographic and legislative areas
- possesses the right to draft, pass, and enact laws within its area of authority
14
Q
federal
A
- enforced Canada Health Act
- provides financial support to provinces & territories
- specific populations (indigenous, federal inmates, military)
15
Q
provincial
A
- health care
- hospital, long term care, home care
16
Q
federal laws and regulations
A
- oversees certain components of health care activity covered under the Criminal Code of Canada
- can establish prohibitions and penalties when violations occur
- authority to pass legislation to over-ride provincial/territorial (emergency matters, national concern)
17
Q
occupational health and safety legislation
A
- OHS
- the right to be aware of potential safety and health hazards
- the right to take part in activities aimed at preventing occupational accidents and diseases
- right to refuse to engage in dangerous work without jeopardizing their job
18
Q
workers compensation board
A
- WCB
- works directly with CCOHS
- assists injured employees (wage replacement, rehab, training)
- legislation is provincial/territorial
