Personal Information and Ressource Management (Law 4)

Question 1

Eg. of PUBLIC information:

Answer 1

• Concerning a person as a party to a service contract entered into with a public body, and the term/conditions of the contract.
• Name/address of a person deriving an economic benifit granted by public body..
• Name/address of the establishment of the holder of a permit issued by a public body and which is required by law to be held for practicing a profession *** (OIIQ)

Question 2

Exceptions to confidentiality:

Answer 2

• Person concern Consents to its disclosure
• Public information by law is not confidential info.
• Urgent situations
• Qualified persons (necessary for the discharge of his or her duties)
• Specific persons (specific condition: imminent danger)

Question 3

Improper disclosure:

Answer 3

Disclosure without patient consent and falling outside the scope of statutory exceptions

Question 4

Consequence of improper disclosure:

Answer 4

Professional misconduct

Civil liability

Question 5

Right of a patient and his medical records:

Answer 5

RIght to access info in his own medical records (not absolute–> medical professional can deny access)
Right to correct info in his fil that is inaccurate, incomplete or ambiguous.

Question 6

Security and development of a child is in danger when:

Answer 6

Child is abandoned or neglected
Child is subject to ‘‘psychological ill-treatment’’ or sexual or physical abuse, or
Child has ‘‘serious behavioural disturbances’’

Question 7

Case: A.C et AL. v. Manitoba

Answer 7

• devout to Jehovah’s Witness, and do not want to receive blood under any circumstances.
• Judge and court of Appeal ordered to give her blood transfusion
• Decision: The tx order is constitutional bc need to take adolescent’s maturity into account. (individual right, capable to make a truly mature and independent decision) And ‘‘best interest’’ is a flexible concept.

Question 8

Case: Jasmin c. Cite de la Sante de Laval

Answer 8

• Plaintiffs want to take out the regulation of hospital, hospital try to restrict access to obstetrical and certain diagnosic services only to residents of certain municipalities.
• Decision: Hopital cannot refuse to serve a patient on the basis of their residence. (Discriminatory to do so)
• But can refuse to provide certain types of care if it is not available, but when it is available to one person, should be to everyone.

Question 9

Case: Noel-Voizard c. CSSS Lasalle et du Vieux-Lachine

Answer 9

• Plaintiffs sue the hospital in small claims due to innappropriate care and abnormally long wait in the ER
• Decision: Plaintiff’s case is dismissed bc category 3 pts should be seen within 30min but it is only an ideal objective, no legal obligation. And hospital’s limited resources.

Question 10

Case: J.O vs Hopital Royal Victoria

Answer 10

• Dialysis patient, know to be very abusive verbally to all staff. Team refuse to put him on Kidney transplant waiting list due to behavioural issues (unsuitable candidate). Ask an injonction to be put in the list and to force doctors to perform a transplant.
• Decision: Cannot force the team to put him in the list bc he distroyed therapeuthic relationship, hospital have obligation to provide (life-saving care–>dialysis) but not transplant.