Thursday, May 24, 2012

LAW LAW LAW LAW ALWALDMJBKAD:>A@E$)*&$@






In medicine, where civil or tort negligence turns into criminal negligence is a fine line. Criminal negligence or recklessness in medicine must start with a crime (actus reus and mens rhea). It is more than just a mistake in judgement. "... For recklessness to apply, an actor must be aware of a substantial or unjustifiable risk inherent in the conduct, but proceeds in the dace of such risk. 
A criminal act in medicine is frequently considered a "cause of action": this refers to the set of facts or alleged faults that give rise to the claim for damages - this can include assault and battery, false imprisonment, defamation or injury to reputation, breach of contract, consent, negligence/malpractice/civil liability, fiduciary duty, or professional misstatement.

CONSENT: being 18 (in Ontario, age of majority is 19 BC, NB, NS, Newfoundland and Labrador) or older with a sound mind that can determine what can be done with his or her body, physician must obtain a valid and informed consent before any treatment is performed, the necessity to obtain consent is only void when there is imminent or serious danger to the life or health of the patient and it is necessary to proceed with the treatment of the patient (see case B. (R.) v. Children’s Aid Society of Metropolitan Toronto, 1992 CanLII 2831 (ON CA) involving blood transfusion with the child of a Jehovah’s Witness), compulsory sterilization
END-OF-LIFE DECISIONS: DNR orders (are not arbitrary in any context), assisted suicide, euthanasia, ethical factors and clinical judgement often collide with the wishes of the patient or their family members

OTHER IMPORTANT LEGISLATION: reporting someone unfit to drive, reporting child abuse, blood alcohol samples, mental health legislation, medical certificates, medical marijuana, firearms act (mentality), perscriptions

Four elements must be established or proven for any legal action based on a claim for negligence to be successful: 1) there must be a duty of care owed towards the patient, 2) there must be a breach of that duty of care, 3) the patient must have suffered some harm or injury, 4) the harm or injury must be directly related or caused by the breach of duty of care

http://www.cmpa-acpm.ca/cmpapd04/docs/resource_files/ml_guides/com_medico_handbook-e.cfm