The Law & Healthcare

Question 1

What are the classifications of laws used in health care legislation?

Answer 1

Health care laws can be classified into different categories such as statutory law, regulatory law, and common law.

Question 2

What is the federal and provincial jurisdictional framework in Canada?

Answer 2

The federal government oversees health care for certain groups and regulates pharmaceuticals, while provincial governments manage health care facilities and professionals.

Question 3

What are the concerns related to health care being considered a right?

Answer 3

Concerns include the limitations imposed by the Canada Health Act and challenges under sections 7 and 15 of the Canadian Charter of Rights and Freedoms.

Question 4

Is offering private health services legal in Canada?

Answer 4

The legality of offering private services varies and is subject to provincial regulations.

Question 5

What are the basic principles of consent to treatment?

Answer 5

Consent must be informed, voluntary, and given by a competent individual.

Question 6

What issues surround the privacy of health information?

Answer 6

Concerns include confidentiality, access, and the retention of health records.

Question 7

What is the role of self-governing health care professions in legal matters?

Answer 7

They regulate their own members and establish standards of practice.

Question 8

What are some important legal issues in Canadian health care?

Answer 8

Issues include malpractice, consent, privacy, and the right to health care.

Question 9

What type of government is Canada classified as?

Answer 9

Canada is a constitutional monarchy combined with a representative democracy.

Question 10

Who is the current Prime Minister of Canada?

Answer 10

Justin Trudeau.

Question 11

Who is the current Governor General of Canada?

Answer 11

Mary Simon.

Question 12

What is the significance of the Canada Health Act?

Answer 12

It establishes criteria for provinces to receive federal funding for health care services.

Question 13

What does jurisdiction mean in a legal context?

Answer 13

Jurisdiction refers to the official power to make legal decisions and judgments.

Question 14

What is the difference between a province and a territory in Canada?

Answer 14

Provinces derive authority from the Crown, while territories derive their mandates from the federal government.

Question 15

What are the two branches of the Canadian legal system?

Answer 15

Public law and private law.

Question 16

What does public law include?

Answer 16

Public law includes criminal, constitutional, and administrative law.

Question 17

What does private law deal with?

Answer 17

Private law deals with relationships between individuals, including contracts and family law.

Question 18

What is the Rule of Law?

Answer 18

The principle that no one is above the law and everyone is subject to the same laws.

Question 19

Fill in the blank: The Supreme Court of Canada is the _______ court in Canada.

Answer 19

top

Question 20

What is tort law?

Answer 20

Tort law deals with wrongful acts that result in harm or damage.

Question 21

What is negligence in the context of health care?

Answer 21

Negligence is when a health care provider fails to meet the established standard of care.

Question 22

What is contract law concerned with?

Answer 22

Contract law deals with voluntary agreements between two or more parties.

Question 23

What is criminal law?

Answer 23

Criminal law is concerned with the punishment of those who commit crimes.

Question 24

What is the structure of the Canadian Constitution?

Answer 24

The Canadian Constitution includes the Canada Act, 1982, the Constitution Act, 1867, and the Canadian Charter of Rights and Freedoms.

Question 25

What is the significance of the Canadian Charter of Rights and Freedoms?

Answer 25

It outlines the rights and freedoms of individuals in Canada.

Question 26

What is the difference between statutory law and regulatory law?

Answer 26

Statutory law is passed by government, while regulatory law is enacted by organizations or bodies governing specific areas.

Question 27

What are the functions of law in society?

Answer 27

Functions include maintaining order, settling disputes, providing for government efficiency, and protecting citizens' rights.

Question 28

Who appoints the members of the Senate in Canada?

Answer 28

Members are appointed by Parliament.

Question 29

Fill in the blank: The legal process in Canada begins with the plaintiff filing a _______.

Answer 29

statement of claim

Question 30

What is the final court of appeal in Canada?

Answer 30

The Supreme Court of Canada.

Question 31

What is the primary legal system in Quebec based on?

Answer 31

The Code Civil du Quebec.

Question 32

What are the rights outlined in the Canadian Charter of Rights and Freedoms?

Answer 32

Rights include democratic rights, mobility rights, legal rights, equality rights, and language rights.

Question 33

What is the role of the federal government in occupational health and safety?

Answer 33

The federal government manages labor affairs for federal employees and cross-provincial employees.

Question 34

What is professional misconduct?

Answer 34

Behavioural actions of omission or deviation that fall short of what is expected.

Question 35

What does Contract Law deal with?

Answer 35

Voluntary agreements between two or more parties.

Question 36

What occurs during a breach of contract?

Answer 36

One of the parties fails to meet the terms of the agreement.

Question 37

What is Criminal Law concerned with?

Answer 37

The punishment of those who commit crimes.

Question 38

What are crimes deemed within a society?

Answer 38

Intolerable.

Question 39

Who manages labour affairs for federal employees?

Answer 39

The federal government.

Question 40

What do Occupational Health & Safety agencies do?

Answer 40

Ensure safe working conditions for residents.

Question 41

What do Workers Compensation Boards assist with?

Answer 41

Provision of raises, rehabilitation and re-training for injured employees.

Question 42

What does the Controlled Drug and Substances Act categorize?

Answer 42

Drugs based on their potential for harm.

Question 43

Is it legal for medical practitioners to provide narcotics for non-therapeutic purposes?

Answer 43

No, it is illegal.

Question 44

What has Health Canada declared about the opioid crisis?

Answer 44

A national crisis.

Question 45

What does the Cannabis Act detail?

Answer 45

The legal framework for the production, distribution, sale, and possession of cannabis for recreational use.

Question 46

Who shares jurisdiction over cannabis legislation?

Answer 46

Federal and provincial/territorial governments.

Question 47

What is balanced in mental health and the law?

Answer 47

Self-determination and protection from harm.

Question 48

What right do individuals have regarding mental health diseases?

Answer 48

To be free from discrimination.

Question 49

What does forensic mental health law involve?

Answer 49

Legal matters concerning individuals with mental health issues in the criminal justice system.

Question 50

What authority does the federal government have during health emergencies?

Answer 50

Enact laws such as the Quarantine Act.

Question 51

What can the Quarantine Act allow the federal government to do?

Answer 51

* Divert aircraft or ships * Designate quarantine facilities * Prohibit travellers who may pose a threat from entering Canada.

Question 52

What health disparities exist regarding Indigenous health?

Answer 52

Significant disparities between the general population and indigenous people.

Question 53

What are 'Indian' Status health implications?

Answer 53

Separation from family and social supports and an inability to access traditional health practices.

Question 54

What is required for consent to treatment?

Answer 54

Must be informed and voluntary.

Question 55

When is consent considered valid?

Answer 55

* Patient understands the treatment * Patient agrees to the treatment * Patient is not influenced or coerced * Patient is coherent.

Question 56

What must health care providers record in health records?

Answer 56

Information must be recorded concisely, clearly, and accurately.

Question 57

Who owns the health information collected in a health record?

Answer 57

The patient owns the information, while the health care facility owns the physical chart.

Question 58

What acts contribute to privacy protection in health care?

Answer 58

* Privacy Act * Personal Information Protection and Electronic Documents Act (PIPEDA).

Question 59

What must health care professionals maintain regarding patient information?

Answer 59

Confidentiality.

Question 60

Who has access to a patient's information in the circle of care?

Answer 60

Health care professionals involved directly in a patient's case.

Question 61

What challenges do electronic records pose?

Answer 61

Maintaining privacy standards.

Question 62

Can Canadians access private health services for medically necessary procedures?

Answer 62

No, they cannot buy insurance for these services.

Question 63

What legal issues are present in Canadian health care?

Answer 63

* Use of restraints * Patient self-discharge from a hospital * Good Samaritan laws * Whistleblowing.