Law 3101A/B Lecture Notes - Lecture 7: Surrogate Decision-Maker, Fiduciary, Saint John Regional Hospital

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Great majority of negligence actions turn on whether the health professional breached the standard of care that would be expected of reasonable professional colleague in all circumstances of case. Part 1: negligence in assessment and diagnosis, surgery and miscellaneous situations. Muir v. alberta: court held province liable in negligence on. Failing to follow its own legislation and policies in institutionalizing and labeling the plaintiff as a moron. Ignoring advice of expert who indicated that the plaintiff"s problems were emotional and not mental. Failing to undertake social or psychological assessment that would have shed light on her chaotic home life. Part 2: standard of care expected of various health professionals. Standard of care expected = reasonable, competent general practitioner in all of circumstances of case. General practitioners know their own limits and know when to refer patients to those with greater expertise. All graduates must complete a 2-year residency program in family medicine or some other specialist residency programs.

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