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Health Law in Canada

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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
#1
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
#2
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
#3
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
#4
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
#5
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
#6
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
#7
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
#8
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
#9
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
#10
Amir Attaran
No abstract text is available yet for this article.
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169202/check-list-for-legislators-towards-a-canadian-approach-to-end-of-life-choices
#11
Gerald Chipeur
In this article, the author reviews Supreme Court of Canada and European Court of Human Rights case law to identify the factors the Parliament of Canada should take into account when it creates legislation regulating physician-assisted suicide. He also highlights the Criminal Code provisions that currently govern the provision of assistance in a suicide. The author concludes that the Charter of Rights and Freedoms requires a unique Canadian approach to the subject of physician-assisted suicide--an approach that provides adequate safeguards to protect the vulnerable, adequate oversight to ensure transparency, and adequate accommodation for the ethical and moral concerns of physicians to respect their human rights...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169201/will-the-s-c-c-s-decision-on-physician-assisted-death-apply-to-persons-suffering-from-severe-mental-illness
#12
Barbara Walker-Renshaw, Margot Finley
In this article, the authors address the question of whether the Supreme Court of Canada's decision in Carter v. Canada leaves open the possibility that persons with severe, treatment-refractory mental illness may lawfully seek a physician-assisted death. If so, how will health care providers distinguish between suicidal ideation and intent that is a symptom of the pathology of a treatable mental illness, on the one hand; and suicidal ideation and intent that is, perhaps, a capable and thoughtful response to a "grievous and irremediable" condition, on the other hand? Mental illness is the most common risk factor for suicide...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169200/enabling-choice-aid-in-living-as-a-predicate-to-aid-in-dying
#13
Tom Koch
In February 2016, the Canadian Supreme Court argued in a unanimous decision that criminal statutes prohibiting physician-assisted or -directed termination violated the Charter of Rights and Freedoms. In the unanimous judgment, they argued that the promise of "life, liberty, and sanctity of person" in s. 7 enshrined patient choice as a principal Canadian virtue. But for choice to be real, that requires a set of predicate conditions assuring fragile Canadians have free and ready access to a range of medical services including, in a partial list, expert counseling, home care aides, palliative treatment, rehabilitative services, and social support for themselves and familial carers...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169199/the-carriage-of-death-what-kind-does-canada-have
#14
Louise R Sweatman, M Jasmine Sweatman
Using a carriage of death metaphor, based on Emily Dickinson's poem "Because I Could Not Stop for Death", the authors highlight the development of the last 40 years of the Canadian legal landscape and end-of-life decision making. Beginning with the Canadian Criminal Code, moving through the Rodriguez decision and ending with the recent 2015 Carter decision, they explore how the evolution of time has influenced Canada's highest court. The authors conclude with an exploration of advance care directives and what we may expect as Canada continues its travels down this road...
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/27169198/physician-assisted-death-bringing-stakeholders-together
#15
EDITORIAL
Rosario G Cartagena
No abstract text is available yet for this article.
February 2016: Health Law in Canada
https://www.readbyqxmd.com/read/24696939/regulation-and-oversight-of-independent-health-facilities-in-canada
#16
Charlene R Pries, Sharon Vanin, Rosario G Cartagena
Independent health facilities ("IHFs") are an important part of Canada's health care system existing at the interface of public and private care. They offer benefits to individual patients and the public at large, such as improved access to care, reduced wait times, improved choice in the delivery of care, and more efficient use of health care resources. They can also provide physicians greater autonomy, control of resources, and opportunity for profit compared to other practice settings, particularly because IHFs can deliver services outside of publicly-funded health care plans...
February 2014: Health Law in Canada
https://www.readbyqxmd.com/read/24377149/challenges-faced-by-hospitals-when-determining-when-and-what-to-charge-patients
#17
Cathi Mietkiewicz
No abstract text is available yet for this article.
November 2013: Health Law in Canada
https://www.readbyqxmd.com/read/24377148/-private-health-care-in-canada-it-does-exist
#18
Nadia Jandali Chao
No abstract text is available yet for this article.
November 2013: Health Law in Canada
https://www.readbyqxmd.com/read/24377147/approaches-to-regulating-self-referral-in-canada
#19
Kathryn Beck
No abstract text is available yet for this article.
November 2013: Health Law in Canada
https://www.readbyqxmd.com/read/24191438/leasing-premises-for-private-health-care-facilities
#20
Paul R King
No abstract text is available yet for this article.
August 2013: Health Law in Canada
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