journal
https://read.qxmd.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
JOURNAL ARTICLE
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://read.qxmd.com/read/29996027/a-need-to-know-basis-canadian-federalism-and-the-disclosure-of-egg-and-sperm-donor-identities
#2
JOURNAL ARTICLE
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://read.qxmd.com/read/29996026/part-iii-occupational-disability-determination-rehabilitation-best-practices-and-the-role-of-situational-work-assessment-and-simulated-work-academic-trials
#3
JOURNAL ARTICLE
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://read.qxmd.com/read/29996025/the-intersection-between-clinic-law-and-heal-responding-to-issues-faced-by-people-with-hiv
#4
JOURNAL ARTICLE
Ryan Peck
No abstract text is available yet for this article.
May 2017: Health Law in Canada
https://read.qxmd.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://read.qxmd.com/read/30005520/six-myths-about-pharmacare
#6
JOURNAL ARTICLE
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://read.qxmd.com/read/30005519/addressing-ten-unhelpful-myths-about-the-canada-health-act-and-why-it-matters
#7
JOURNAL ARTICLE
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://read.qxmd.com/read/30005518/putting-people-first-critical-reforms-for-canada-s-health-care-system
#8
JOURNAL ARTICLE
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://read.qxmd.com/read/30005517/the-canada-health-act-for-the-twenty-first-century
#9
JOURNAL ARTICLE
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://read.qxmd.com/read/30005516/canada-health-act-2-0-are-the-fundamental-principles-still-current-or-do-they-need-to-be-revisited
#10
JOURNAL ARTICLE
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://read.qxmd.com/read/30047636/trillium-gift-oflife-act-and-why-the-struggle-with-organ-donation-persists-in-ontario
#11
JOURNAL ARTICLE
Hillary Chan
Despite the creation of Ontario's Trillium Gift of Life Network Act in 1990, Ontario's prospect in organ supply remains low. Since 1990, medical findings have informed and changed approaches to organ donation; however, these approaches have not been implemented consistently across hospitals nor have they been integrated firmly into the law. This lack of consistency and integration, as research suggests, prevents organ donation rates from fulfilling their potential. In response to such downfalls, this article suggests areas in the Trillium Gift of Life Network Act that should be updated as a first step to improving organ donation rates...
August 2016: Health Law in Canada
https://read.qxmd.com/read/30047635/part-ii-case-law-best-practice-and-the-post-104-week-irb-disability-test
#12
JOURNAL ARTICLE
Douglas Salmon, Jacques J Gouws, Corina Anghel Bachmann
The following is Part II of a three-part paper presenting holistic models of determining impairment and occupational disability with respect to common "own occupation" and "any occupation" definitions, especially in the motor vehicle accident (MVA) context. This segment of the paper is for the purpose of educating readers regarding pertinent case law and related evolving judicial/arbitral interpretations surrounding the Post 104-week income replacement entitlement within the Ontario MVA insurance system. Best practices in disa- bility assessment methodology and analysis are supported in the context of holistic occupational disability assessment models in relation to the relevant case law...
August 2016: Health Law in Canada
https://read.qxmd.com/read/30047634/threatened-litigation-returns-abortion-access-to-prince-edward-island-after-34-years
#13
JOURNAL ARTICLE
Nasha Nijhawan, Kelly McMillan
On March 31, 2016, the government of Prince Edward Island committed to provide medical and surgical abortions in a public health facility in the Province by the end of the year, for the first time since 1982. The Province's announcement was a direct response to threatened Charter litigation initiated by a group of local veteran activists called Abortion Access Now PEI Inc., which challenged the government's policy not to provide abortion services in the Province. In this commentary, legal counsel for Abortion Access Now PEI Inc...
August 2016: Health Law in Canada
https://read.qxmd.com/read/30047633/editorial
#14
EDITORIAL
Cartagena Rosario G
No abstract text is available yet for this article.
August 2016: Health Law in Canada
https://read.qxmd.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
#15
JOURNAL ARTICLE
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://read.qxmd.com/read/27476245/the-ethical-and-legal-dilemma-in-terminating-the-physician-patient-relationship
#16
JOURNAL ARTICLE
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://read.qxmd.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
#17
JOURNAL ARTICLE
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://read.qxmd.com/read/27476243/editorial
#18
EDITORIAL
Rosario G Cartagena
No abstract text is available yet for this article.
May 2016: Health Law in Canada
https://read.qxmd.com/read/27169208/federal-and-provincial-responsibilities-to-implement-physician-assisted-suicide
#19
JOURNAL ARTICLE
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://read.qxmd.com/read/27169207/quebec-s-medical-aid-in-dying-an-inspiration-for-other-canadian-jurisdictions
#20
JOURNAL ARTICLE
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
journal
journal
28099
1
2
Fetch more papers »
Fetching more papers... Fetching...
Remove bar
Read by QxMD icon Read
×

Save your favorite articles in one place with a free QxMD account.

×

Search Tips

Use Boolean operators: AND/OR

diabetic AND foot
diabetes OR diabetic

Exclude a word using the 'minus' sign

Virchow -triad

Use Parentheses

water AND (cup OR glass)

Add an asterisk (*) at end of a word to include word stems

Neuro* will search for Neurology, Neuroscientist, Neurological, and so on

Use quotes to search for an exact phrase

"primary prevention of cancer"
(heart or cardiac or cardio*) AND arrest -"American Heart Association"

We want to hear from doctors like you!

Take a second to answer a survey question.