Chapter 8 Duties of Affirmative Action

imissyou419's version from 2017-11-29 02:15


Question Answer
Is there a general duty of care in negligence to take positive action to benefit another person?No general duty of care in negligence to take affirmative action to benefit others. Rather, the law simply requires individuals to refrain from wrongful positive acts
What are cases of limited duties of affirmative actions?if the parties were in a special relationship or the defendant had a statutory or contractual duty to intervene
Recognized special relationshipsparent/child, teacher/student, occupier/entrant, employer/employee, healthcare professional/patient. The court have greatly expanded the number and kinds of situations in which they will recognize a special relationship
T/F Practitioners have a common law duty of care in negligence to assist at the scene of a crash or other medical emergencyF, practitioners only have a duty to render aid if an emergency arises in the course of an existing patient relationship i.e. a patient has a heart attack in the waiting room
What are the chances of being held liable in negligence for assisting in an emergency?Little reason to fear liability in intervening in an emergency.
There is only 1 reported Canadian case involving a health professional, and he was absolved of liability (off-duty ambulance attendant had NO duty of care to advise lay rescuers on the proper method of stabilizing a person w/ suspected spinal injury).
Good Samaritan Act 2001 further protects practitioners and others who intervene in an emergency, unless they are GROSSLY negligent
CMA code of ethnicsWhile health professionals have no general duty of care in negligence to assist an individual in peril, they have ethical and professionals obligations to rescue and render aid.
CMA states that physicians should provide whatever appropriate assistance they can to any person with urgent need for medical care. Physicians are not required to join CMA but the colleges can reprimand
T/F health professions cannot refuse patient on prohibited grounds of discrimination, but can limit the size of their practice and tailor it to reflect their interests and expertiseT. health professionals are not bound to accept every patient (not discriminating) outside of one's practice and can turn away patients to limit the size of their practice
Once a health professional accepts a patient into their practice, what must they do?take reasonable steps to provide ongoing care.
Failing to do = liability for negligent abandonment i.e. must ensure appropriate coverage if unavailable
Unless a statute provides otherwise, practitioners have no duty to provide treatment that is:inconsistent with accepted practice, not recognized as effective, or futile in the circumstances
T/F a practitioner must treat patients even though they are hostile and their uncooperative conduct makes effective treatment impossible?F, they don't. But practitioners should keep detailed records and assist the patient in finding another practitioner
CPSO's 2015 policy guidelines permit physicians to refuse treatment that breach their religious or ethnical beliefs in specific circumstances, they are:- Physicians must inform the patient that treatment is being refused based on their religious or ethnical beliefs.
- The patient must be informed of all clinical options.
- Physician must not express personal or moral judgement.
- Physicians must make a timely and effective referral to a non-objecting, available and accessible physician.
- However, physicians must provide care in an emergency in order to prevent imminent harm, despite their beliefs.
Do physicians need to provide care in an emergency to prevent imminent harm even if its against their beliefs?Yes, according to the CPSO's 2015 policy
Ontario Human Rights Commission's say on CPSO's guidelinesupport the CPSO's 2015 policy despite objecting to the previous guideline
Christian Medical and Dental Society of Canada's say on CPSO's guideline?challenged the CPSO's 2015 policy for violating physicians' freedom for conscience and religion under section 2 of the Charter
Duty to referHealth professionals are not expected to be omniscient. However, they must know their limits and only provide services within the scope of their competence.
Health professionals may be held liable for failing to refer a patient if they know or ought to know that the services of another professional is needed.
Health professionals are not liable for a lack of treatment resources in their community or long wait times to see a specialist


Question Answer
Is there common law duty on individuals to control the conduct of another?no, unless a special relationship exist b/w the parties
special relationships in terms of duty to controlspecial relationships recognized in situations in which 1 party has legal power or authority to control the conduct of another party (e.g. parent/child, employer/employee, teacher/pupil, occupier/entrant).
A special relationship and duty to control has been recognized on the part of psychiatrists, nurses, and other mental health staff to take reasonable steps to control psychiatric patients
what is the dual obligation that professionals have in making placements?1. placement is appropriate for the patient and does not put him/her at an unreasonable risk,
2. placement does not expose the receiving family or agency to an unreasonable risk
*placement as in childcare
Employers and administrators may be held what kind of liable for failing to adequately respond to allegations that staff have abused or harassed a patient or fellow employeePersonally liable in negligence.
Recent amendments to the Occupational Health and Safety Act have broadened the legal duty of employers to address workplace violence and abuse


Question Answer
Whether a duty of care will be imposed and expected standard of care for providing references will depend on 3 factors, what are they?1. nature of the information: factual info will be treated differently than a personal endorsement (with latter impose duty of care),
2. reliance on the information: are there explicit or implicit statements that would lead a reasonable person to rely upon the info without making independent inquiries?
3. the risks involved: a reference for a job washing cars need not be as carefully considered as a reference for a nursing position in a long-term care home