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Healthcare Law > Midterm > Flashcards

Midterm Flashcards

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1
Q

CMPA

A

Canadian Medical Protection Association

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2
Q

Canada Health Act

A

Criteria for provincial health insurance plans to receive a federal contribution

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3
Q

5 pillars of medicare

A 
Public Administration
Comprehensiveness
Universality
Portability
Accessibility
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4
Q

CC Assault

A

Intentionally applying force without consent. Could be attempting or threatening. Must be capable of causing immediate harm

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5
Q

Sexual Assault

A

Threatening, attempting or applying force of sexual nature without consent

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6
Q

2 occasions when people under 16 can consent to sex

A

12-13 and the partner is less than 2 years older

14-15 and the partner is less than 5 years older

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7
Q

Sexual Exploitation

A

Sexual contact of a 16-17 year old by a person of authority or trust

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8
Q

Providing necessities of life

A

Without lawful excuse, for children under 16. If children/dependents are destitute or health is endangered.

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9
Q

3 stages of civil law proceedings

A

Pleadings
Examination for discovery
Trial

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10
Q

Pleadings

A

Statement of claim by plaintiff and statement of defense by defendant. Defendants’ failure to respond is a win for the plantiff

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11
Q

Discovery

A

Pre-trial meeting to review evidence and examine witnesses. Minimize surprise of trial and try to settle

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12
Q

Trial

A

Prove defendant committed tort resulting in recoverable losses for the plaintiff. Could be given a damage reward, allowing to them to seek recovery

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13
Q

Common law. Battery

A

Intentional, harmful or socially offensive physical touch. Any non-consensual contact besides socially accepted practice. Plaintiff does not need to be harmed or even be aware at the time. No touch, no battery.

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14
Q

Common law. Assault

A

Intentional creation of mind in another of reasonably imminent physical contact. Need apparent intent and ability, but not actual physical contact. No need to be harmed

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15
Q

How can an administrator be found liable

A

Negligence–> personally liable through screening, hiring, monitoring of employees

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16
Q

Vicarious Liability

A

Based on relationship with wrong-doer, not personal fault. Does not apply to independent contractors

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17
Q

When can an employer be held liable for an employees intentional criminal act?

A

Physical/sex crimes in which the assigned task put the accused in a position that would increase the likliehood of act

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18
Q

Vicarious liability test

A

Party is sufficiently close to tort feasor

Significant connection between wrongful act and assigned task

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19
Q

Child and Family Services Act

A

Provincial legislation governing services provided to children including age of consent and mandatory reporting of abused children

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20
Q

Coroners Act

A

Duty of HCPs and institutions to report unexpected or suspicious deaths to police.

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21
Q

HPPA

A

Health promotion and protection act. Governs public health and boards of health, monitoring disease, health eductaion and food safety

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22
Q

HCP duty under HPPA

A

Must report communicable and virulent diseases to minister of health

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23
Q

Trillium Gift of life

A

Governs inter-vivos and post-mortem organ/tissue donation

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24
Q

Age for organ donation

A

Must be 16 and capable to donate non-regenerative tissue

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25
Q

MHA

A

Administration for criteria of voluntary/involuntary admission to psychiatric facilities, and CTOs. Does not govern treatment

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26
Q

What is the period of limitations for almost all civil actions

A

2 years. Begins when plaintiff should have known of events, and was able to bring the charges

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27
Q

What crimes are not subject to limitation act

A

Assault involving minors with a person in a position of trust or dependency

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28
Q

4 exceptions to HCCA consenting

A

Medical emergency where obtaining consent is impossible, life saving measures can be taken immediately
Medical officer and disease spread measures
Chemicals in the eyes of newborns
SDM consent to research, sterilization, transplant

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29
Q

HCCA

A

Consent and Capacity provisions. Criminal code and common law still apply

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30
Q

HCCA Part 2

A

Treatment–> admission to facility, exams, low risk treatment, assistance with ADLs. SDM consent to admission to facilities

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31
Q

HCCA Part 3

A

SDM consent to admission to a care facility–> long term care home

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32
Q

HCCA Part 4

A

SDM consent to personal assistant services

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33
Q

HCCA Part 5

A

Consent and capacity board

34
Q

Treatment without consent is..

A

Negligence for not obtaining consent

35
Q

“Capable” under HCCA

A

Able to understand information related to decision and foreseeable consequences. Threshold is low to protect patient autonomy

36
Q

Neto vs. Klukach

A

Girl with bipolar is now refusing to take lithium based on past bad experiences. CCB agreed with doctor she was incapable. Court decided she was based on 3 principles

37
Q

3 principles of determining capacity in court

A

Patient does not need to admit they are mentally ill
Must be able to assess information and consequences
Decision must not be based on delusional thinking

38
Q

Incapable person right to appeal

A

Able to appeal to CCB or court but no treatment can be provided until the matter is reolved

39
Q

Prior expressed wish

A

Capable person older than 16 can express a binding wish for future care. Unsubstantiated claims are accepted

40
Q

HCCA age of consent for tretament

A

There is none. Anyone that is capable can consent or refuse treatment or to have information shared with parents

41
Q

3 ages of consent under Child and family Services Act

A

16 and older can consent to anything
Under 16 need parental consent for admission to residential facilities and taking psychotropic drugs
12 years old can consent to counselling without parents

42
Q

Ages for SDA

A

16 and older can be POA for personal care

18 and older can be POA for property

43
Q

Education Act

A

Parental consent needed for personality and IQ testing of students under 18. And their right to access and seek correction of their Ontario student record

44
Q

Priorities of decision making for SDM

A

Prior expressed wish
Values, beliefs
Wish made while under 16 or incapable

45
Q

When can an incapable person over 16 be admitted to a psychiatric facility involuntarily

A

If SDM is a court appointed POA or statutory guardian

46
Q

5 ways to become SDM for personal care of an incapable person

A 
Court appointed guardian 
POA for personal care 
Personal representative
Family members and others under s.20
Public guardian and trustee
47
Q

Duty of PGT in personal, property care

A

Must investigate any allegation that the person is suffering, or their assets are at risk. Must apply to become temporary guardian

48
Q

Hierarchy of SDMs under HCCA s.20

9

A 
Court appointed guardian
POA for personal care 
Personal representative appointed by CCB
Spouse or partner cohab. 1 yr or have a kid
Child, parent, guardian
Parent with right of access
Siblings
Blood relatives, marriage, adoption
PGT
49
Q

Janzen vs Janzen

A

EJ was a vegetable. Sister did not want to pull the plug but the wife did.
Both applied to court but sided with the wife saying it was in his best interest

50
Q

5 ways to obtain authority to be SDM of property

A 
Court appointed guardian of property
POA under POA act
POA under SDA
Guardian under MHA
Guardian from certificate of incapacity
51
Q

PGT is guardian of property when

A

Patient is in a psych facility, or for certificate of incapacity

52
Q

Non-custodial parents

A

Can not consent, even if they have right to access. They are entitled to info on the child’s health and well-being

53
Q

CMG vs DWS

A

Mom and dad battle over vaccinations for kid. Dad wins

54
Q

4 factors negating consent

A

Mistake
Fraud
Duress/ Compulsion
Public policy

55
Q

Fraud

A

Knowingly making a false statement or misleading the patient by ommitting information. Must directly lead to risk of serious bodily harm

56
Q

Dures/Compulsion

A

Threat of immediate physical harm.

57
Q

Public policy

A

Consent is negated if defense is unconcionable or consent was obtained through expolitation of a position of trust

58
Q

CC treating without consent

A

Permits drawing blood from an unconcious person suspected of impaired driving causing serious bodily harm. DNA testing for people accused of serious crimes

59
Q

Quarantine Act

A

Travellers arriving or departing from Canada can be detained and treated for communicable disease without consent

60
Q

HPPA laws for MOH

A

MOH is permitted to order exam/treatment for communicable/virulent diseases. Can apply to court for failure to comply with orders

61
Q

Immunization of pupils

A

Allows MOH to suspend unimmunized children who have not been exempted based on religion or medical reason. Unimmunized children can be excluded during an outbreak

62
Q

CC s.14

A

Homicide provisions. Struck down by Carter

63
Q

Life prolonging tretament

A

No right to demand that life prolonging treatment be initated. But you do need to consent to withdraw it

64
Q

Cuthbertson vs Rasouli

A

Rasoulis doctors wanted to take him off life support because he was in a vegetative state. Court granted wife injunction so they couldnt do it without consent. Turning off respirator and beginning palliative care was a treatment that they must consent to

65
Q

DNR

A

Patient, SDM or doctor can order one

66
Q

Carter vs. Canada

A

Struck down sections 14 and 241 of criminal code, allowing doctors to assist suicide for patients who are capabale and suffeirng

67
Q

Bill C-14

A

Replaced sections 14 and 241. New provisions for medical aid in dying

68
Q

Euthanaisa

A

Inducing gentle death. Now allowed if they meet criteria under C-14

69
Q

Bill 52

A

`Quebec ill requires all institutions to provide end of life care. Must notify the minister if the doctor refuses.

70
Q

Unfit to stand trial

A

Suspected of havign a mental disorder preventign them from undertsnading the proceedings or to communicate with counsel. Can be detained and treated without consent for 60 days

71
Q

R. vs Dobson

A

Tried to use NCR due to schizophrenia as a defense for stabbing two women. Court said he understood that it was wrong

72
Q

NCR options

A

Absolute discharge
Conditional Discharge
Detain in hospital

73
Q

Dangerous offender

A

Serious crime and persistent agression that poses a threat–> lifetime supervision, limited parole

74
Q

Long-term offender

A

Serious crime and high risk of reoffending–> long term supervision and community tretament

75
Q

Voluntary patient

A

Capable, admitted on their own behalf, cant be dteained

76
Q

Informal patient

A

Patient 12-15 admitted under SDM consent

77
Q

Involuntary patient

A

Detained in facility under certificate of stautory authority. Age 16 up can rarely get admitted against their will

78
Q

S. 51 MHA

A

Authorizes police, justice of the peace and judges to apprehend and detain people suspected of having a mental illness if they threaten bodily harm or show lack of self-care

79
Q

Process of s.51 apprehension

A

Doctor does form 1 within 7 days, given power to detain and assess person ina faiclity for 72 hours. No authority to treat

80
Q

S. 20 MHA

A

Criteria for involuntary admission. Form 3 allows doc to detain and examine for 2 weeks. Certificate of renewal lasting 3 months

81
Q

When must the doctor notify the rights officer?

A

When an informal patient is admitted ot a CTO is initiated or renewed.

82
Q

Community Treatment Order

A

Involuntary criteria are met, person has been in a facility for 30 cumulative days in the last 2 years . Expires in 6 months

Healthcare Law (2 decks)

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