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Lecture 7

Health Sciences 3101A/B Lecture 7: Chapter 7 Healthcare law

3 Pages
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Department
Health Sciences
Course Code
Health Sciences 3101A/B
Professor
Robert Solomon

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Standard of Care and Breach
Negligence in Assessment and Diagnosis
Cases focus on whether standard of care was breached - determined by court
Negligence in Surgery
McKinnon v. Grand River Hospital
o Defendant surgeon operated to fix condition that was uncomfortable did not
impair the plaintiff’s daily life
o Defendant did little pre-surgical investigation and spent little time with the
patient, told her surgery was quick, simple and posed minor risks
Not informed of the risks/alternatives
o Held himself out to be cardio-thoracic surgeon - just surgeon with some additional
training
o Defendant nicked artery during surgery causing permanent serious injuries
o Plaintiff sued for negligence in preparing/performing surgery and failing to obtain
informed consent
o Court ruled that defendant had to meet standard of fully qualified CT surgeon,
because that is what he claimed to be and the factors leading to artery damage left
him negligent in performing surgery
o Negligent in pre-surgical preparation and undertake without backup vascular
surgeon
o Court held that defendant had failed to adequately inform the patient of serious
potential risks - she would not have consented if properly informed
Standard of Care Expected of Health Professionals
General Practitioners, Rural & Family Physicians
Expected to know their own limits and when they should refer patients to those with
greater expertise
GP’s and rural physicians are not responsible for lack of resources but are responsible for
care they choose to provide
All physicians are expected to stay aware of developments in their field of practice
Doctors can be held liable for advice they give in “corridor consultations,” even if they
are not paid
Nurses
Holan State v. Stanton Regional Health Board
o Voluntary patient suffering from severe depression committed suicide while on a
day pass from treating physician
o Before leaving psychiatric nurse assessed patient to risk of suicide
o Doctor and nurse were absolved of liability in negligence because they both spoke
to patient and took necessary steps to assess. Were aware of clinical history (risk
of suicide) and exercised appropriate judgement.
o Purpose of day pass was of therapeutic benefit to patient
o While risk of suicide existed, occurrence was not reasonably foreseeable.
Residents
Expected to meet standard of care expected of a reasonable resident with a similar level
of training.
Expected to know limits, follow orders of supervisor and raise concerns with supervisor
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Description
Standard of Care and Breach Negligence in Assessment and Diagnosis Cases focus on whether standard of care was breached - determined by court Negligence in Surgery McKinnon v. Grand River Hospital o Defendant surgeon operated to fix condition that was uncomfortable did not impair the plaintiffs daily life o Defendant did little pre-surgical investigation and spent little time with the patient, told her surgery was quick, simple and posed minor risks Not informed of the risks/alternatives o Held himself out to be cardio-thoracic surgeon - just surgeon with some additional training o Defendant nicked artery during surgery causing permanent serious injuries o Plaintiff sued for negligence in preparing/performing surgery and failing to obtain informed consent o Court ruled that defendant had to meet standard of fully qualified CT surgeon, because that is what he claimed to be and the factors leading to artery damage left him negligent in performing surgery o Negligent in pre-surgical preparation and undertake without backup vascular surgeon o Court held that defendant had failed to adequately inform the patient of serious potential risks - she would not have consented if properly informed Standard of Care Expected of Health Professionals General Practitioners, Rural & Family Physicians Expected to know their own limits and when they should refer patients to those with greater expertise GPs and rural physicians are not responsible for lack of resources but are responsible for care they choose to provide All physicians are expected to stay aware of developments in their field of practice Doctors can be held liable for advice they give in corridor consultations, even if they are not paid Nurses Holan State v. Stanton Regional Health Board o Voluntary patient suffering from severe depression committed suicide while on a day pass from treating physician o Before leaving psychiatric nurse assessed patient to risk of suicide o Doctor and nurse were absolved of liability in negligence because they both spoke to patient and took necessary steps to assess. Were aware of clinical history (risk of suicide) and exercised appropriate judgement. o Purpose of day pass was of therapeutic benefit to patient o While risk of suicide existed, occurrence was not reasonably foreseeable. Residents Expected to meet standard of care expected of a reasonable resident with a similar level of training. Expected to know limits, follow orders of supervisor and raise concerns with supervisor
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