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Health Law in Canada

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https://www.readbyqxmd.com/read/29996028/issues-of-vulnerability-and-equality-the-emerging-need-for-court-evaluations-of-physicians-fiduciary-duties-in-high-stakes-end-of-life-decisions
#1
Laura Hawryluck
At the heart of high stakes end of life (EOL) decisions such as withdrawal of life-sustaining treatments (WLST) or medical assistance in dying (MAiD), are concerns that vulnerable people in our society need to be legally protected from prematurely ending their own lives or from having their lives inappropriately ended by healthcare teams predisposed to negatively assess their quality of life. Recently, two Supreme Court of Canada rulings in Rasouli and Carter (MAiD) have clearly emphasized the role of consent in providing legal protections to people at the end of life...
May 2017: Health Law in Canada
https://www.readbyqxmd.com/read/29996027/a-need-to-know-basis-canadian-federalism-and-the-disclosure-of-egg-and-sperm-donor-identities
#2
Matt Malone
In Canada, gamete donation can be known or anonymous. When a child is conceived using anonymously donated gametes, that child does not have a right to know the identity of their donor. Currently, there is no registry storing gamete donor information accessible to donor-conceived persons and no legislation or judicial precedent protecting a donor-conceived person's right to know the identity of their biological parent(s). With third party reproduction now regularly shifting the traditional outlines of family, these practices are increasing- ly attracting judicial oversight...
May 2017: Health Law in Canada
https://www.readbyqxmd.com/read/29996026/part-iii-occupational-disability-determination-rehabilitation-best-practices-and-the-role-of-situational-work-assessment-and-simulated-work-academic-trials
#3
Douglas J Jr Salmon, Heather A Pickin, Jacques J Gouws
This is the final in a series of three papers addressing common occupational disability entitlements from an Ontario motor vehicle accident (MVA) perspective, which are also applicable to long-term disability cases. The first paper supported using a holistic model in the assessment of accident injured persons who are unable to return to the pre-accident occupation (pre- 104 disability/"own occupation") because of accident-caused impairments. The second paper discussed case law, best practice and the Post-104 Week IRB Disability ("any occupation") test and demonstrated the difficulties individuals face when they are unable to return to work in the aftermath of a debilitating motor vehicle accident...
May 2017: Health Law in Canada
https://www.readbyqxmd.com/read/29996025/the-intersection-between-clinic-law-and-heal-responding-to-issues-faced-by-people-with-hiv
#4
Ryan Peck
No abstract text is available yet for this article.
May 2017: Health Law in Canada
https://www.readbyqxmd.com/read/29996024/editorial
#5
EDITORIAL
Rosario G Cartagena
No abstract text is available yet for this article.
May 2017: Health Law in Canada
https://www.readbyqxmd.com/read/30005520/six-myths-about-pharmacare
#6
Joel Lexchin
Canada is the only country with a universal public health care system that does not include coverage for prescription drugs; lack of drug coverage leads to underuse of necessary medications. Arguments have been advanced for and against a national pharmacare plan. This article investigates six commonly cited reasons for not introducing such a program in order to determine their validity - private plans are doing a good job, public plans should only cover the poor, strengthening the pan-Canadian Pharmaceutical Alliance is all that is needed, a public plan will deny people access to important new drugs, pharmacare will cost too much and pharmacare is just about money...
February 2017: Health Law in Canada
https://www.readbyqxmd.com/read/30005519/addressing-ten-unhelpful-myths-about-the-canada-health-act-and-why-it-matters
#7
Greg Marchildon, Bill Tholl
Since its enactment in 1984, the iconic Canada Health Act (CHA) has been at the centre of a polarized debate on whether universal coverage should be expanded or restricted in Canada. This discussion on the future direction of Canadian medicare has been vexed by prevailing myths about the CHA. These myths are unhelpful in that they perpetuate misleading notions about the ambit and impact of the CHA. This article deconstructs 10 of the more common myths to get at the realities of the CHA and the extent to which it sets national standards and constrains - or does not constrain - provincial health reform and innovation...
February 2017: Health Law in Canada
https://www.readbyqxmd.com/read/30005518/putting-people-first-critical-reforms-for-canada-s-health-care-system
#8
Menaka Pai, Harvey Schipper, Harry Swain
For over 70 years, since the Dominion Provincial Conferences at the end of the Second World War, Canadians have viewed health care as a right of citizenship. The Canada Health Act (CHA, 1984) formally entrenched the five principles that guide our current publicly operated, single payer, provincially managed system: public administration, comprehensiveness, universality, portability and accessibility. The health care system that has sprung up around the CHA has become increasingly complex, costly and strained...
February 2017: Health Law in Canada
https://www.readbyqxmd.com/read/30005517/the-canada-health-act-for-the-twenty-first-century
#9
Raisa Deber, Brenda Gamble
As the participants in the Canada Health Act, Version 2.0 conference made clear, there is a strong case to be made that this key piece of legislation no longer captures some key challenges to managing health care in Canada. Particular issues include 'portability' across provincial/territorial boundaries, and the definition of insured services. However, the CHA is not a barrier to reform; it acts as a floor, rather than a ceiling. Health reform may thus require a combination of new legislation to set conditions for which new services should be insured, and developing mechanisms to identify priorities, ensure appropriateness, and improve efficiency, which are unlikely to be addressed through overarching legislation...
February 2017: Health Law in Canada
https://www.readbyqxmd.com/read/30005516/canada-health-act-2-0-are-the-fundamental-principles-still-current-or-do-they-need-to-be-revisited
#10
Harvey Schipper
The Canada Health Act was passed in the run-up to the 1984 Federal Election to meet a political problem - perceived inequities in access to care due to extra-billing by physicians and hospitals. At that time, health care as a right of citizenship was still a topic of debate. Health care was for the sick, and effective interventions were few and inexpensive. The provision of health care was seen as a morally justified social cost. Today the problem is different. We are in the midst of the largest transformation in biological understanding since the invention of the microscope...
February 2017: Health Law in Canada
https://www.readbyqxmd.com/read/27476246/common-occupational-disability-tests-and-case-law-references-an-ontario-mva-perspective-on-interpretation-and-best-practice-methodology-supporting-a-holistic-model-part-i-of-iii-pre-104-irb
#11
J Douglas Salmon, Jacques J Gouws, Corina Anghel Bachmann
This three-part paper presents practical holistic models of determining impairment and occupational disability with respect to common "own occupation" and "any occupation" definitions. The models consider physical, emotional and cognitive impairments in unison, and draw upon case law support for empirically based functional assessment of secondary cognitive symptoms arising from psychological conditions, including chronic pain disorders. Case law is presented, primarily in the context of Ontario motor vehicle accident legislation, to demonstrate how triers of fact have addressed occupational disability in the context of chronic pain; and interpreted the "own occupation" and "any occupation" definitions...
May 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27476245/the-ethical-and-legal-dilemma-in-terminating-the-physician-patient-relationship
#12
Helen Senderovitch
A physician-patient relationship is essential for the well-being of the patient, for without a strong and trusting relationship between both individuals, the patient may not receive the best care that they deserve. There are many legal policies and ethical principles a physician must follow when caring for a patient. It is both the legal and moral duty of the physician to act in the best interests of their patients, while making sure to respect them regardless of background and personal behaviours. The relationship is secured with both trust and respect, for without trust, the patient may hold back from stating their conditions which will result in the physician not providing them with all the care they require...
May 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27476244/considering-tort-liability-for-breaches-to-privacy-of-patient-data-managing-risks-of-applicability-of-privacy-torts-and-especially-the-tort-of-intrusion-on-seclusion-in-the-health-context
#13
Rebecca Bromwich
The mobile revolution is a watershed event across many fields, including health care. Now, electronic data storage, digital photography, smart phones and tablet devices present new opportunities for educators, researchers, and health care providers. Mobile technologies allow for new possibilities for physician collaboration as well as patient diagnosis, treatment and study. However, while it presents new opportunities, the mobile technological revolution in health care has brought about new risks to patient privacy...
May 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27476243/editorial
#14
EDITORIAL
Rosario G Cartagena
No abstract text is available yet for this article.
May 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169208/federal-and-provincial-responsibilities-to-implement-physician-assisted-suicide
#15
David Baker, Gilbert Sharpe, Rebeka Lauks
In the most significant constitutional decision of the last generation, Carter v. Canada, the Supreme Court of Canada reversed itself and decided that it was possible for Parliament to enact safeguards that would be adequate to protect persons who are vulnerable in times of weakness, then proceeded to declare that Canadians were entitled to a s. 7 Charter right to physician-assisted death. David Baker and Gilbert Sharpe accepted the challenge issued by the Court and drafted a Bill to amend the Criminal Code in a manner they believed would strike a constitutional balance between providing access to the right declared by the Court and protecting the vulnerable...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169207/quebec-s-medical-aid-in-dying-an-inspiration-for-other-canadian-jurisdictions
#16
Daniel Boivin, Julie Barrette
Soon, physicians across Canada will be permitted to assist patients in dying, provided certain conditions are met. Physicians in the province of Quebec can already provide this service since December 10, 2015. While Quebec has been studying the question of legislating medical aid in dying since 2009, the rest of the country must come up with legislation on this issue within the next few months. This article suggests that other Canadian jurisdictions, federally and provincially/territorially, may find inspiration in the extensive work done in Quebec leading to its end-of-life legislation, including on the issues of identifying proper safeguards to protect vulnerable people and eligibility criteria that could be put in place in these jurisdictions...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169206/assisted-death-the-risks-and-benefits-of-tribunal-approval
#17
Mark Handelman
Should every request for physician-assisted death require approval from some kind of independent tribunal? The benefits include consistent interpretation of statutory or judge-created guidelines from hospital to hospital, accurate reporting of assisted deaths, a process that protects vulnerable patients and health practitioners, and assurance to the public that the process has sufficient safeguards. On the other hand, such a process might cause delays for persons suffering intolerably. Accessibility might be a problem, and there is the risk that the patient's personal health information becomes fodder for media sensationalism...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169205/navigating-assisted-dying
#18
Harvey Schipper
Carter is a bellwether decision, an adjudication on a narrow point of law whose implications are vast across society, and whose impact may not be realized for years. Coupled with Quebec's Act Respecting End-of-life Care it has sharply changed the legal landscape with respect to actively ending a person's life. "Medically assisted dying" will be permitted under circumstances, and through processes, which have yet to be operationally defined. This decision carries with it moral assumptions, which mean that it will be difficult to reach a unifying consensus...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169204/scrupulous-monitoring-of-physician-assisted-dying-the-case-for-mandatory-reporting-to-coroners-and-medical-examiners-of-all-physician-assisted-deaths-in-canada
#19
Juliet Guichon, Pauline Alakija, Christopher Doig, Jan Mitchell, Pascal Thibeault
Although the practice of physician-assisted dying (hereinafter "PAD") will soon be lawful in Canada, opponents of PAD claim that it might result in involuntary deaths. The Supreme Court of Canada in Carter v. Canada (Attorney General) rejected such arguments holding that involuntary deaths are preventable provided that jurisdictions devise stringent limits to the practice of PAD and that these stringent limits are "scrupulously monitored and enforced". This article examines the question of how best to engage in scrupulous monitoring of physician-assisted dying...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169203/commentary-the-limits-of-conscientious-and-religious-objection-to-physician-assisted-dying-after-the-supreme-court-s-decision-in-carter-v-canada
#20
Amir Attaran
No abstract text is available yet for this article.
February 2016: Health Law in Canada
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