Medical Practitioners and The Law
	Medical Malpractice and Liability Other Medical Negligence Decisions, October 2003 (Vol : ) Area of Practice Family Doctors and General Practitioners Failure to Diagnose and Treat: No Breach of Duty (Vol : ) Failure to Monitor Blood Pressure: Doctor and Nurses Negligent but NotLiable (Vol : ) Family Physician Liable for Cancer Patient’s Loss of Chance to Survive - October 2004 (Vol : 6) General Practitioner Standard of Care: No Negligence in Patient Death (Vol : ) Informed Consent and Deep Vein Thrombosis (Vol : 5) Legal Causation and the BUT-FOR Test (Vol : ) Misdiagnosis Not Negligent – April 2005 (Vol : 6) SAMPLE Negligence in Failure to Refer (Vol : ) Negligent Over-Prescription of Drugs (Vol : ) No Negligence For Failure to Diagnose Botulism (Vol : ) No Negligence in Dealth From Hypothermia (Vol : ) Other Recent Medical Practitioner Decisions - September 2004 (Vol : 6) Patient Breached Standard of Care - June 2005 (Vol : 6) Relative Standard of Care in Emergency Departments (Vol : ) Standard of Care for Patient-reported Lumps - September 2004 (Vol : 6) SAMPLE Supreme Court Appeal: No Negligence in Child’s Severe Injury (Vol : ) The G.P. Standard of Care (Vol : ) Time to Serve Claim on Doctor Extended– April 2005 (Vol : 6) Obstetricians and Gynaecologists Alleged Disfigurement During Hysterectomy – March 2005 (Vol : 6) Appropriate Treatment for Infants With HSV2 (Vol : 5) Battle of Experts Resolved in Obstetrician Favour– May 2005 (Vol : 6) Causation Established Without Scientific Certainty - October 2004 (Vol : 6) Claim Too Serious To Dismiss (Vol : ) Competing Theories of Causation (Vol : ) Compressed Umbilical Cord Not Material Risk (Vol : ) Conflicting Expert Opinions: Case Can Go to Trial (Vol : ) Damages for Failed Abortion and Wrongful Birth - September 2004 (Vol : 6) Doctor Liable After Attempting Third Forceps Delivery (Vol : 5) Early Negligence Leading to Delay in Diagnosis (Vol : 5) Failure to Advise Amniocentesis (Vol : ) Failure to Appreciate Risk Associated With Gestational Diabetes (Vol : 5) Failure to Consider Uterine Rupture - September 2004 (Vol : 6) Failure to Diagnose Cancer: $1,000,000 Damages Award (Vol : ) Fall in Doctor's Waiting Room: No Negligence (Vol : ) Incorrect Tests for Standard of Care and Causation Applied– May 2005 (Vol : 6) Jury Sets Higher Standard for Doctors (Vol : ) Lack of Expert Evidence to Sustain Negligence Action (Vol : ) Lawful Sterlization Under Eugenics Legislation (Vol : ) Liability for Negligent Medical Advice about Amniocentesis (Vol : ) Multiple Actions Against Doctor – April 2005 (Vol : 6) Negligence Decision Upheld on Appeal - October 2004 (Vol : 6) Negligence in Delayed Treatment by Obstetrician - September 2004 (Vol : 6) Negligent Failure to Provide Recommendation for Treatment (Vol : 5) Neurological Damage During Dellivery: No Neglience (Vol : ) New Trial in Obstetrical Negligence – June 2005 (Vol : 6) No Causation in Claim for Infant Brain Injury (Vol : 5) No Duty to Foetus in Wrongful Birth Case– March 2005 (Vol : 6) No Duty to Inquire About Consanguinity– May 2005 (Vol : 6) No Malpractice in Failure to Disclose Risk of Adhesions (Vol : ) No Negligence For Hematoma Following Tubal Ligation (Vol : ) No Negligence in Use of Bipolar Technique in OOphorectomy (Vol : ) No Ruling in “Wrongful Life” Claim – June 2005 (Vol : 6) Obstetric Team Found Jointly Negligent– March 2005 (Vol : 6) Obstetrical Catastrophe: $10,000,000 Damages Award (Vol : ) Obstetricians at Risk (Vol : ) SAMPLE Obstetricians Negligent and Liable for Infant’s Injuries (Vol : ) Quantum of Damages: Life Expectancy of Severely Disabled (Vol : ) The Duty to Keep Patients Informed Expanded (Vol : ) Trial by Jury Inappropriate for Obstetrics Malpractice Action (Vol : 5) Trial Strategy Backfires: Res Ipsa Loquitur (Vol : ) Wrongful Birth (Vol : ) Wrongful Life Action Set for Trial (Vol : ) Wrongful Life In Failed Abortion: Over $500,000 Awarded (Vol : ) “Usual Practice” Successful Defense in Failure to Diagnose (Vol : ) Orthopeodic Specialists/Surgeons Back Surgery Results in Foot Drop: $150,000 in General Damages - October 2004 (Vol : 6) Claim for Misdiagnosis Barred by Limitation Date and Double-Recovery Rules (Vol : 5) Damages: Failure to Disclose Risks in Ankle Arthrodesis (Vol : ) Error of Judgment - Not Negligence (Vol : ) SAMPLE Failure To Get Informed Consent to Elective Orthopedic Surgery (Vol : ) Failure to Provide Timely Treatment (Vol : ) Innovative Procedures: Error of Judgement Defence Rejected (Vol : ) Medical Negligence in Orthopaedic Surgery (Vol : 5) Negligence Found Despite “Admirable Zeal”– March 2005 (Vol : 6) Negligence in Closed Reduction (Vol : ) Negligent Failure to Rule Out C-Spine Injury - June 2005 (Vol : 6) No Causation in Leg Amputation: (Vol : ) No Negligence: Orthopeadic Surgery and Causalgia (Vol : ) Orthopaedic Surgeon Negligent in Operative and Post-Operative Treatment (Vol : ) Scope of Informed Consent (Vol : ) Cardiologists/Vascular Surgeons Cardiologist Negligent for Delayed Referral (Vol : ) Duty to Warn About Side Effects of I (Vol : ) Expert Doctors Held to "Teaching Hospital" Standards (Vol : ) Informed Consent to First Surgery Sufficient for Second (Vol : 5) Treatment for Heart Condition Causes Stroke: No Negligence - October 2004 (Vol : 6) Vascular Surgeon Leaves Needle In Wound (Vol : ) Radiologists Misdiagnosis Not Negligent – April 2005 (Vol : 6) Nurses, Interns and Residents Duty of Care and Failure to Supervise Interns (Vol : ) Establishing Standard of Care at Trial – March 2005 (Vol : 6) No Negligence in Death from Combination of Pain Killers (Vol : ) Nurses Share Fault with Doctor (Vol : ) Resident Neurosurgeon Held To Lower Standard Of Care (Vol : ) Two Successful Negligence Actions (Vol : ) Negligence and Liability of Hospitals Hospital Negligence: Blueprint for a Horror Story (Vol : ) Liability of Hospitals for Non-Employees (Vol : ) Negligence but No Causation – June 2005 (Vol : 6) No Causation for Back Injury (Vol : ) Treating Hospital Not Liable for Secondary Injury (Vol : ) Alternative/Complimentary Treatment Class Action: Duty to Supervise (Vol : 5) Internal Med/Gastroenterology Duty to Communicate Treatment Plan: Medical Etiquette Inappropriate (Vol : 5) Duty to Inform Depends on Patient Circumstances - September 2004 (Vol : 6) Negligence in Laparoscopy - September 2004 (Vol : 6) Psychiatrists Other Recent Medical Practitioner Decisions - September 2004 (Vol : 6) Endocrinologists Anaesthesiologists Anaesthetic Procedure Not Negligent (Vol : ) Negligent Failure to Provide Recommendation for Treatment (Vol : 5) Urologists Failed Vasectomy Leads to Wrongful Birth: General Damages Awarded - October 2004 (Vol : 6) Fraudulent Concealment Bars Limitation Defence (Vol : 5) Hospital Negligent for Erroneous Ultrasound Report (Vol : 5) No Negligence, but Failure to Disclose Risks Creates Liability - October 2004 (Vol : 6) Other Recent Medical Practitioner Decisions - September 2004 (Vol : 6) Standard of Care in a Vasectomy: Duty to Provide Follow Up Care (Vol : 5) Plastic/Cosmetic Surgery, Treatment Informed Consent and Laser Surgery (Vol : 5) Emergency Medicine Error of Judgement is Not Negligence (Vol : 5) No Negligence in Failure to Diagnose Myocardial Infarction (Vol : 5) Other Surgeons Bladder Injury: Surgeon Not Negligent (Vol : ) Case Dismissed for Insufficient Expert Opinion (Vol : 5) Cause of Paralysis Following Neurosurgery (Vol : ) Claim Not Backed by Expert Evidence – May 2005 (Vol : 6) Crumbling Skull Doctrine Reduces Damages Award (Vol : ) Death after Stomach-Stapling Procedure (Vol : ) Duty to Advise about Post-operative Follow-up (Vol : ) Follow up on Pathology Reports (Vol : ) Lack of Patient Credibility: No Negligence in Renal Surgery (Vol : ) Laparoscopic Surgery: Appeal on Inference of Negligence (Vol : ) Liability in the Absence of Causation (Vol : ) Massive Haemorrhage and Partial Paralysis - $200,000 Awarded (Vol : ) Negligence but No Causation – June 2005 (Vol : 6) Negligence in Rectal Perforation: Importance of Record Keeping (Vol : ) Negligent Practice of Opthomologist (Vol : ) No Inference of Negligence in Loss of Right Adnexa (Vol : ) No Liability for Failure to Diagnose Breast Cancer - October 2004 (Vol : 6) No Negligence in Fatal Tonsillectomy (Vol : ) No Negligence in Post-Operative Care (Vol : ) No Negligence in Restorative Procto-Colectomy (Vol : ) Otolaryngologist Negligent in Tonsillectomy and Failure to Follow-up (Vol : ) Plastic Surgeon Meets Standard of Care (Vol : ) Plastic Surgery: Failure to Disclose Risks (Vol : ) Removal of Kidney not Cause of Injury (Vol : ) Surgeon Satisfies Duty to Disclose (Vol : ) Urinary Surgery: Failure to Disclose and Monitor (Vol : ) Other Physicians Assessing Conflicting Credible Expert Evidence (Vol : ) Conflicting Expert Witnesses: No Medical Malpractice (Vol : ) Exemplary Damages for Retracting Initial Opinion (Vol : 5) Expert Evidence Required in Summary Judgment Applications (Vol : 5) Failure to Diagnose and Treat Acromegaly (Vol : ) Failure to Diagnose and Treat but No Causation (Vol : ) Failure to Diagnose Aneurism (Vol : ) Failure to Diagnose Homocystinuria (Vol : ) Failure to Treat Seizures Aggressively: Paediatrician Negligent (Vol : ) Inconsistent Evidence Does Not Preclude Finding of Credibility (Vol : 5) Negligence in Misdiagnosis of Brain Tumour (Vol : ) Negligent Administration of Spinal Anesthetic (Vol : ) No Negligence For Gentamicin Toxicity (Vol : ) No Negligence in Inmate’s Treatment (Vol : 5) Ophthalmologist Liable for Economic Loss (Vol : ) Other Medical Negligence Decisions (Vol : ) Other Medical Negligence Decisions (Vol : ) Outdated Treatment Method Negligent– May 2005 (Vol : 6) Patient Sues for Wrong Diagnosis (Vol : ) Prednisone and Risk Advanced Avascular Necrosis (Vol : ) The Duty to Refer: When Does It Apply (Vol : ) Unrepresented, No Experts, Case Dismissed (Vol : ) Neurosurgeons Nerve Roots Severed During Disc Surgery: Surgeon Negligent (Vol : 5) No Failure to Diagnose in Timely Fashion - October 2004 (Vol : 6) Consent Issues Consent to Laser Surgery (Vol : ) Duty to Inform Depends on Patient Circumstances - September 2004 (Vol : 6) Informed Consent and Deep Vein Thrombosis (Vol : 5) Informed Consent and Laser Surgery (Vol : 5) Informed Consent to First Surgery Sufficient for Second (Vol : 5) Informed Consent to Surgical Procedures (Vol : ) Negligence in Obtaining Informed Consent but No Causation (Vol : ) No Informed Consent to Cosmetic Surgery (Vol : ) No Negligence, but Failure to Disclose Risks Creates Liability - October 2004 (Vol : 6) Revocation And Renewed Consent (Vol : ) SAMPLE Right to Refuse Treatment: The Supreme Court Speaks (Vol : ) The Law and Logistics of Obtaining Valid Consent (Vol : ) Waiver of Liability by Jehovah’s Witness: Legal Consequences (Vol : ) Legal Principles A Supreme Court of Canada Retrospect (Vol : ) A Supreme Court of Canada Retrospect: Medical Malpractice 2001-2002 (Vol : ) LITIGATION TRENDS: Patient Success on the Increase (Vol : ) Medical Negligence Actions: The Basic Defences (Vol : ) Medical Negligence Actions: The Basic Elements (Vol : ) More Medical Malpractice Decisions: June-July, 2002 (Vol : ) Test Your Medico-Legal Prowess At Obtaining Consents: (Vol : ) The Defence of Approved Practice (Vol : ) Who Has To Prove Causation? (Vol : ) Damages Back Surgery Results in Foot Drop: $150,000 in General Damages - October 2004 (Vol : 6) Intsitutional Care Forms Basis For Damages Assessment (Vol : ) Liability Family Physician Liable for Cancer Patient’s Loss of Chance to Survive - October 2004 (Vol : 6) Hospital Negligent for Erroneous Ultrasound Report (Vol : 5) Other Medical Malpractice Decisions Other Medical Malpractice Decisions – May 2005 (Vol : 6) Other Medical Malpractice Decisions– June 2005 (Vol : 6) Intentional Wrongs and Liability Civil Liability Battery and Negligence Action Successfully Defended (Vol : ) Sterilization Claims to be Re-Tried – April 2005 (Vol : 6) The Supreme Court Speaks: Patient’s Illegal and Immoral Acts Don’t BarRecovery (Vol : ) Criminal Sanctions For Assault and Battery Assault by Doctor No Punitive Damages or Fiduciary Duty to Plaintiff – June 2005 (Vol : 6) The Criminal Code and Liability of Doctors: Contemporary Application (Vol : ) Will a Medical Treatments Exception "Fill the Bill" (Vol : ) For Criminal Negligence For Other Criminal Offences Midwife Found in Criminal Contempt for Practicing When Barred (Vol : 5) Procedural Issues Limitation Period Dose Not Apply to Referring Physician (Vol : ) Right to Bring Class Action Denied (Vol : ) Statues of Limitations: Foreign Lawsuit is not an “Action” (Vol : ) Limitation of Actions "Lay" Belief Triggered Statutory Limitation (Vol : ) Adding Doctors as Defendants After Expiry of Limitation Date (Vol : ) Claim for Misdiagnosis Barred by Limitation Date and Double-Recovery Rules (Vol : 5) Legal Actions Barred by Limitations Periods (Vol : ) Limitation Periods for Injured Children (Vol : ) Missed Limitation Date: Claim Dismissed (Vol : 5) Other Recent Procedural Issues - September 2004 (Vol : 6) Patient Cannot Extend Limitation Period Unilaterally – April 2005 (Vol : 6) Patient Sues Lawyer for Missed Limitation Period (Vol : ) Patients’ Obligations to Investigate Claim (Vol : 5) Physician Claims Expiry of Statute of Limitation - September 2004 (Vol : 6) The Limitations Period Defence: Salvation or Damnation? (Vol : ) Time to Serve Claim on Doctor Extended– April 2005 (Vol : 6) Use of "John Doe" and "Jane Doe" in Medical Malpractice Cases (Vol : ) Jurisdiction of Courts Health Care Providers to Be Sued in Quebec, Not Ontario– April 2005 (Vol : 6) Evidence Evidence of Red Cross Doctor and A.G in U.S. HIV Lawsuit (Vol : ) The Medical Professional as Witness (Vol : ) Medico-Legal Reports and Testimony Medical Record Requires Proof by Author – May 2005 (Vol : 6) Medical-Legal Reports (Vol : ) Sealing Affidavits in Support of Settlements (Vol : 5) Competency to Testify Other Evidentiary Issues Assessing Conflicting Credible Expert Evidence (Vol : ) Case Dismissed for Insufficient Expert Opinion (Vol : 5) Establishing Standard of Care at Trial – March 2005 (Vol : 6) Expert Evidence Required in Summary Judgment Applications (Vol : 5) Inconsistent Evidence Does Not Preclude Finding of Credibility (Vol : 5) Summary Dismissal for Lack of Expert Evidence (Vol : 5) Pre-trial Procedure Ability of Jury Challenged in Medical Malpractice Trial (Vol : ) Amendments Not Allowed – April 2005 (Vol : 6) Limits to Pre-Trial Discovery of College of Physicians (Vol : ) Psychiatric Hospital Can Not be Sued (Vol : ) Other Procedural Issues Other Procedural Issues - October 2004 (Vol : 6) Other Recent Procedural Issues - September 2004 (Vol : 6) Trial by Jury Inappropriate for Obstetrics Malpractice Action (Vol : 5)
	Medical Professionals and The Law
	Licensing/Registration Granting Licenses/Registration Psychiatrist Denied Special Registration by College (Vol : ) Who May Practice Medicine (Vol : ) Suspending or Revoking Licenses/Registration Colleges Rely On Criminal Convictions (Vol : ) Court Overturns Revocation of Licence to Practise (Vol : 5) Court Refuses Stay of Licence Revocation (Vol : 5) Court Upholds Suspension Pending Independent Psychiatric Evaluation (Vol : 5) Court Upholds Zero Tolerance Regime (Vol : ) Discipline Committee Penalty Did Not Fit the Crime (Vol : ) SAMPLE License Suspended for Cross Border Prescriptions (Vol : ) Notice of Appeal, Revocation of Nurse’s License (Vol : ) One Year Suspension for Incompetence (Vol : ) Suspension Pending Investigation Upheld (Vol : 5) The Aging Practitioner: Principles of Natural Justice (Vol : ) Reinstatement of Licenses/Registration Court Orders Reinstatement by College (Vol : ) Court Overturns Revocation of Licence to Practise (Vol : 5) Limitations on Licenses/Registration Restricted Licenses Liability of Professional/Regulatory Bodies College Owes Duty of Care to Patients (Vol : ) Hospital Privileges Murder Allegations Result in Loss of Hospital Privileges (Vol : ) Granting Privileges Revoking/Restricting Privileges Internal Hospital Remedy Potentially Unfair (Vol : ) Investigation Committee Can Proceed (Vol : ) Natural Justice: Restricting Anaesthetists’ Privileges (Vol : ) Other Recent Medical Professional Decisions - September 2004 (Vol : 6) Restriction of Hospital Privileges Challenged (Vol : ) Settlement Agreement Not Binding – April 2005 (Vol : 6) Severe Penalties for Sexual Misconduct with Patients (Vol : ) Suspension of Privileges Order Quashed - October 2004 (Vol : 6) Unfair Board Decision Quashed - April 2005 (Vol : 6) Reinstating Privileges Professional Conduct Professional Misconduct "Suspended" Suspension for Professional Misconduct (Vol : 5) Court Refuses Stay of Licence Revocation (Vol : 5) Decision of Disciplinary Committee Unreasonable (Vol : 5) Disciplinary Committee Decision Appealed (Vol : 5) Discipline Demonstrating Against Planned Parenthood Centre (Vol : ) Patient Abuse Charges not Sustained - September 2004 (Vol : 6) Breach of Confidentiality Doctor Reprimanded: Improper Disposure of Confidential Records (Vol : 5) Sexual Misconduct Allegations of Sexual Impropriety (Vol : ) Penalties for Sexual Relationships with Patients (Vol : ) Similar Fact Evidence in Wrongful Treatment by Psychiatrist (Vol : ) Stay of Revocation Upheld in Sexual Abuse Case – April 2005 (Vol : 6) Supreme Court of Canada Clarifies Standards of Review (Vol : ) Narcotics Violations Controlling Over-Prescription of Narcotics (Vol : ) Medical Reports Doctor Reprimanded: Improper Disposure of Confidential Records (Vol : 5) Exemplary Damages for Retracting Initial Opinion (Vol : 5) Other Forms of Prof. Misconduct Failure to Cooperate With Professional Investigation (Vol : 5) Failure to Properly Advise Patient (Vol : 5) No Reasonable Cause of Action for Doctor– May 2005 (Vol : 6) Other Recent Medical Professional Decisions - September 2004 (Vol : 6) Conduct Unbecoming "Suspended" Suspension for Professional Misconduct (Vol : 5) Decision of Disciplinary Committee Unreasonable (Vol : 5) Incompetence Duty to Patient and Others Duty to Warn Duty of Confidentiality Procedural Issues for Professional Bodies Decision Not to Proceed with Inquiry is Not Final (Vol : ) Precision Needed in College Reports (Vol : ) Professional “Death Penalty” Possible Without Strict Rules (Vol : ) Jurisdictional Issues Appeal and Review Board Admits Exceeding Jurisdiction (Vol : ) Remedies of Professional Body Come (Vol : 5) Procedural Fairness/Natural Justice Denial of Stay of Proceedings is Breach of Natural Justice (Vol : ) Your Governing Body and the Duty of Fairness (Vol : ) Errors of Law in Disciplinary Proceedings Rules of Evidence in Disciplinary Proceedings Discipline Hearings and Hearsay Evidence (Vol : ) Other Recent Medical Professional Decisions - September 2004 (Vol : 6) Rules Of Evidence In Disciplinary Hearings (Vol : ) Grounds for Judicial Review After the Discipline Hearing: Court Challenges (Vol : ) Other Procedural Issues Costs of Disciplinary Proceedings: Who Pays (Vol : ) Doctors’ Complaint to College Protected by Aboslute Immunity (Vol : 5) Professional/Unprofessional Business Practices Enforceability of Contracts: Purchasing Diagnostic Equipment (Vol : ) Prison Sentence for Fraudulent Billings (Vol : ) Commercial Transactions Avoiding Partnership Pitfalls in Your Medical Practice (Vol : ) To Purchase or Lease (Vol : ) Tax Issues Challenging the GST (Vol : ) Family Trusts: A Tax Planning Vehicle For Health Care Professionals (Vol : ) Incorporation of Your Professional Practice: Tax Panacea (Vol : ) Limiting the Formidable Powers of the Tax Man (Vol : ) When The Tax Man Comes Knocking (Vol : ) Personal/Professional/Partnership Issues Breakdown of Professional Partnerships (Vol : ) Defamatory Statements in Complaint to College and Unlawful Interference with Contractual Relationships (Vol : 5) Professional degrees: Matrimonial Property (Vol : ) Fees and Billing Court Finds Report Fee Unconscionable (Vol : ) Overbilling: Professional Consequences (Vol : ) Review by Audit Committee: Failure to Observe Rules of Natural Justice (Vol : ) Professional Training Medical Students Interns Residents Other Recent Medical Professional Decisions - September 2004 (Vol : 6) Nurses Dismissal From Nursing Program: Discrimination Alleged (Vol : ) Dismissal from Nursing Program: Discrimination Alleged (Vol : ) Other Freedom of Information, Protection of Privacy Access to Professional Information Absolute Privilege for Complaints to College (Vol : ) Access to Information: Medical Council is not a “Public Body” (Vol : ) Disclosure of College’s Investigative Documents (Vol : ) Disclosure of Confidential Program Review (Vol : 5) Refusal to Disclose Peer Review Records Upheld (Vol : 5) Treating Physicians and Expert Testimony (Vol : 5) Privilege/Immunity from Disclosure Doctors’ Complaint to College Protected by Aboslute Immunity (Vol : 5) Patient Confidentiality: A Judicial Perspective (Vol : ) Research Law and Ethics Cloning of Human Embryos: Does English Act Govern CNR (Vol : ) Consent and the Research Project: The Good, the Bad and the Unethical (Vol : ) Implications of New Reproductive Technologies: Frozen Human Embryos (Vol : ) Ownership of Living Cells: Implications for Canadian Doctors (Vol : ) Legal Action Against Professional Bodies Action Against College Barred (Vol : ) Malicious Prosecution Actions against Professional Associations (Vol : ) Defamation Defamation Claim Dismissed (Vol : 5) Defamatory Statements in Complaint to College and Unlawful Interference with Contractual Relationships (Vol : 5) Doctor Defamed: Legal Action Pending (Vol : 2) Letters Written By Doctors Not Defamatory (Vol : 5) Privileged Status of Harassment Complaints Considered (Vol : 5) Professional Insurers CMPA Executive Must Testify Regarding Fraud – June 2005 (Vol : 6) CMPA Settlement Policy Leads to Punitive Costs Order– May 2005 (Vol : 6) Medical Professions Act Medical Profession Act Leaves No Room for Interpretation – April 2005 (Vol : 6) Other Professional Decisions Other Professional Decisions - June 2005 (Vol : 6)
	Medical Administrators and The Law
	Collective Bargaining and Related Arbitration Employment, Deployment, Promotion Pre-employment Contracts of Employment Decisions of Governing Body or Hospital Board: Final and Binding? (Vol : ) Terms and Conditions of Employment Job Descriptions/Classifications and Placement Supreme Court Upholds Reclassification of Hospital Employees (Vol : ) Suspension, Demotion, Reassignment, Dismissal Effect of Refusing Interview for New Position (Vol : ) Failure to Complete Course Not Just Cause for Dismissal (Vol : ) Improper Termination of Medical Faculty Member (Vol : ) SAMPLE Privacy and Privilege: Hospital Review Committee (Vol : ) Wrongful Dismissal Damages Assessment (Vol : ) Wrongful Dismissal Following Employee Injury (Vol : ) Employment Rights and Benefits Pension Reform: Tax Assisted Saving For Retirement (Vol : ) Employment Rights Privileged Status of Harassment Complaints Considered (Vol : 5) Seniority/Tenure Pay/Severance Pay Severance Pay Denial Unconstitutional – June 2005 (Vol : 6) Employment Benefits Retroactivity of Pay Equity Adjustments (Vol : ) Disability Benefits Injured Doctor to Receive Pension Plus Disability – April 2005 (Vol : 6) Leaves of Absence Maternity Benefits Pension/Retirement Benefits Class Action Certified for Health Care Workers’ Pension Claim– June 2005 (Vol : 6) Injured Doctor to Receive Pension Plus Disability – April 2005 (Vol : 6) Pension Funds: Limits on Hospital’s Contributions (Vol : ) Sick Leave Benefits Sick Leave Benefits During Maternity Leave Revisited (Vol : ) Workers’ Comp and U.I. Risk Management Audio-Visual Aids and the Consent Process (Vol : ) Disposal of Pathological Waste: The Due Diligence Defence (Vol : ) Hospital Procedure Manuals: Binding Rules or Administrative Aids (Vol : ) Inadvertent Disclosure of Medical Information: The Clinician's Duty ofCare (Vol : ) Injuries Inflicted by Patients: The Duty of Care to Non-Patients (Vol : ) New Directions For Hazardous Waste (Vol : ) The Medical Examiner: A Clinical View (Vol : ) The Role of The Medical Examiner: Medical or Legal (Vol : ) Freedom of Information, Protection of Employee's Privacy Disclosure of Confidential Program Review (Vol : 5) Duty to Patients/To Hospital Community Certification of Class Action (Vol : 5) Court Restricts Daughter’s Visitations in Hospital (Vol : 5)
	Medical Finance & Governance and The Law
	Federal and Provincial Health Legislation Canada Health Act Constitutionality of B.C. Health and Social Services Improvement Act (Vol : ) Insured/Uninsured Services Insured and Uninsured Services (Vol : ) Medical Practitioners Class Action Seeking Payment of Rendered Services (Vol : ) Healthcare Funding The Government Expenditures Restraint Act, Bill C-69 (Vol : ) Constitutional Issues SAMPLE Waiting List for Autism Treatment Discriminatory (Vol : 5) Provincial Regulation/Agreements Alberta’s New Agreement with the AMA (Vol : 5) Anonymity Preserved in Abortion Appeal – June 2005 (Vol : 6) Bill 31: Ontario’s New Personal Health Information Protection Act (Vol : 5) Health Administration Contract A Threat To Privacy – May 2005 (Vol : 6) Provincial Health Authorities/Units Health Care Programs/ Services/Facilities Autism Therapy Both Education and Treatment – May 2005 (Vol : 6) Health Authorities Entitled to Determine (Vol : 5) Private Health Care Facilities: Implications (Vol : ) Qualification for Hepatitis "C" Settlement Agreement (Vol : ) Health Care Claims and Benefits Patient's Claim Subrogated to Ministry of Health (Vol : ) Local Health Boards Privacy & Confidentiality, Government Information Bill 31: Ontario’s New Personal Health Information Protection Act (Vol : 5) Court Compels Discovery of Government Documents (Vol : ) Gene Testing For Retinoblastoma Meeting Records Accessed (Vol : ) Negligence and Liability of Government Private Law Duty of Care of Public Officials (Vol : )
	Medical Patients and The Law
	Medical Insurance No Fault Automobile Insurance Bars Recovery (Vol : ) No Subrogation for Injuries Caused by Failure to Maintain Roads (Vol : ) The Uninsured Patient Patients Without Medical Insurance: Is There A Duty to Treat (Vol : ) The Uninsured Professional Freedom of Information, Protection of Privacy Access to Patient Information by Patient Access To Medical Records (Vol : ) Access to Mental Health Records (Vol : ) Access to Patient’s Own Psychiatric Records (Vol : ) Medical Records: Ownership and Access (Vol : ) Supreme Court Affirms Patients' Right to Information (Vol : ) Access to Patient Information by Medical Professionals Court of Appeal Limits Production of Psychiatric File (Vol : 5) Access to Patient Information in Judicial/Quasi-Judicial Proceedings Medical Records Compelled: Privacy and Privilege Differentiated (Vol : ) Search and Seizure of Medical Records (Vol : ) Treating Physicians and Expert Testimony (Vol : 5) Privacy and Confidentiality at Common Law Court of Appeal Limits Production of Psychiatric File (Vol : 5) Full Defence Justifies Disclosure of Confidential Medical Records (Vol : 5) Patient Confidentiality Considered (Vol : ) Patient Confidentiality Waived in Litigation– June 2005 (Vol : 6) Patient Waives Right To Confidentiality (Vol : ) Pre-Trial Applications: Disclosure of Confidential Information (Vol : ) Access to Patient Information by Others Access to Deceased Child’s Medical Record (Vol : ) Conflicting Rules on Access to Child’s Medical Records (Vol : ) Disclosure of Psychiatrist’s Records in Criminal Matters (Vol : ) Medically Necessary Blood Drawing and Consent (Vol : 5) Solicitor & Client Privilege Litigation Privilege of Medico-legal Reports Upheld (Vol : ) Notice of Appeal, Solicitor and Client Privilege of Expert Reports (Vol : ) Patient Autonomy Sexual Activity of Psychiatric Patients (Vol : ) The Patient In Need of Protection SAMPLE Best Interests or Need for Protection in Adult Protection Order (Vol : 5) Different Approach to Protection Orders Recommended– June 2005 (Vol : 6) Involuntary Committal Not Wrongul Detention - September 2004 (Vol : 6) No Guardian Ad Litem for a Dependent Adult (Vol : ) Self-Determination: The Mentally-ill Criminal Patient (Vol : ) Sterilization of the Mentally Handicapped (Vol : ) Towards a Constitutional Right to Refuse Treatment (Vol : ) Mental Capacity/Consent/Living Wills Consent Based on mental Capacity, Not Wisdom (Vol : ) Court Refuses to Appoint Adult Children as Representatives (Vol : 5) Determining Capacity of the Mentally Ill (Vol : 5) Incapacity Order Set Aside (Vol : 5) Lengthy Psychiatric History Sufficient for Committal (Vol : ) Living Wills: Recognition at Law (Vol : ) Patient Consent Considered (Vol : ) Patient Incompetnent to Consent to Treatment - September 2004 (Vol : 6) Substitute Decisions in Treatment/Termination of Treatment (Vol : 5) Unique Committal Test Receives First Judicial Consideration – May 2005 (Vol : 6) Assisted Suicide/Euthanasia Hastening Death Or Impeding Death (Vol : ) Right to Refuse Treatment Death of Jehovah’s Witness: The Right to Refuse Treatment (Vol : ) Dependent Adult Unable to Make Legal Decision (Vol : ) Mature Minor’s Refusal of Treatment – May 2005 (Vol : 6) Medically Necessary Blood Drawing and Consent (Vol : 5) Minor’s Right to Refuse Treatment Challenged (Vol : ) Schizophrenics and Medical Self-Determination (Vol : ) Substitute Decisions in Treatment/Termination of Treatment (Vol : 5) Alternative Therapies Doctor’s Action against College Dismissed (Vol : ) Abortion Anonymity Preserved in Abortion Appeal – June 2005 (Vol : 6) Procedural issues Board Lacks Authority to Consider Charter Challenge – April 2005 (Vol : 6)
	Human Rights and Freedoms
	Fundamental Freedoms Mobility Rights Damages Awarded for Discrimination by College (Vol : ) Discrimination Sex/Sexual Orientation Discriminatory Employment Practices (Vol : ) Duty to Accommodate for Pregnancy in a Temporary Position (Vol : 5) Health Care Benefits Extended to Same Sex Partners (Vol : ) Pregnancy Not a Bar to Temporary Employment (Vol : ) Race, Colour, Ancestry, Origin Age Mandatory Retirement (Vol : ) Mandatory Retirement: The Supreme Court of Canada Speaks (Vol : ) Disability Employer’s Obligation Respecting Disabled Employee (Vol : ) Employment Discrimination against Disabled Therapist (Vol : ) SAMPLE Waiting List for Autism Treatment Discriminatory (Vol : 5)
	Other Interesting Cases