Health law in Canada最新文献_第2页

Addressing Ten Unhelpful Myths about the Canada Health Act and Why It Matters. 解决关于加拿大卫生法的十个无益的神话及其重要性。

Health law in Canada Pub Date : 2017-02-01

Greg Marchildon, Bill Tholl

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Editorial. 社论。

Health law in Canada Pub Date : 2016-08-01

Cartagena Rosario G

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Trillium Gift ofLife Act and Why the Struggle with Organ Donation Persists in Ontario. 《生命捐献法案》和安大略器官捐赠斗争的原因。

Health law in Canada Pub Date : 2016-08-01

Hillary Chan

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Threatened Litigation Returns Abortion Access to Prince Edward Island after 34 Years. 34年后，爱德华王子岛恢复堕胎服务。

Health law in Canada Pub Date : 2016-08-01

Nasha Nijhawan, Kelly McMillan

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PART II: Case Law, Best Practice and the Post-104 Week IRB Disability Test. 第二部分:案例法，最佳实践和104周后IRB残疾测试。

Health law in Canada Pub Date : 2016-08-01

Douglas Salmon, Jacques J Gouws, Corina Anghel Bachmann

{"title":"PART II: Case Law, Best Practice and the Post-104 Week IRB Disability Test.","authors":"Douglas Salmon, Jacques J Gouws, Corina Anghel Bachmann","doi":"","DOIUrl":"","url":null,"abstract":"The following is Part II of a three-part paper presenting holistic models of determining impairment and occupational disability with respect to common \"own occupation\" and \"any occupation\" definitions, especially in the motor vehicle accident (MVA) context. This segment of the paper is for the purpose of educating readers regarding pertinent case law and related evolving judicial/arbitral interpretations surrounding the Post 104-week income replacement entitlement within the Ontario MVA insurance system. Best practices in disa- bility assessment methodology and analysis are supported in the context of holistic occupational disability assessment models in relation to the relevant case law. Comparative analysis was also utilized to inform the reader of the emphasis upon the quality of activity engagement across pre- and post- 104 week spheres. Beyond the MVA sphere, medically-legally, the reviewed case law and related clinical best practices are fully germane to the long term disability and WSIB (workers' compensation) sectors. A specific area emphasized by authors is that the assessment of pain is more complex than is generally acknowledged in many disability assessments. Research on the impact of pain on individuals with disabilities and impairments arising from injuries sustained, clearly demonstrates that traditional pain measurements are often inadequate to fully determine the disability arising from pain. Finally, particularly in the context of In- surance Examinations (lEs and Independent Medical Assessments for LTD), the principle of competitive employability is often not considered as it should be in accordance with the existing case law.","PeriodicalId":79609,"journal":{"name":"Health law in Canada","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36346054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Common Occupational Disability Tests and Case Law References: An Ontario MVA perspective on interpretation and best practice methodology supporting a holistic model, Part I of III (Pre-104 IRB). 常见职业残疾测试和判例法参考:安大略省MVA对支持整体模型的解释和最佳实践方法的看法，第三部分第一部分(Pre-104 IRB)。

Health law in Canada Pub Date : 2016-05-01

J Douglas Salmon, Jacques J Gouws, Corina Anghel Bachmann

{"title":"Common Occupational Disability Tests and Case Law References: An Ontario MVA perspective on interpretation and best practice methodology supporting a holistic model, Part I of III (Pre-104 IRB).","authors":"J Douglas Salmon, Jacques J Gouws, Corina Anghel Bachmann","doi":"","DOIUrl":"","url":null,"abstract":"This three-part paper presents practical holistic models of determining impairment and occupational disability with respect to common \"own occupation\" and \"any occupation\" definitions. The models consider physical, emotional and cognitive impairments in unison, and draw upon case law support for empirically based functional assessment of secondary cognitive symptoms arising from psychological conditions, including chronic pain disorders. Case law is presented, primarily in the context of Ontario motor vehicle accident legislation, to demonstrate how triers of fact have addressed occupational disability in the context of chronic pain; and interpreted the \"own occupation\" and \"any occupation\" definitions. In interpreting the definitions of \"own occupation\" and \"any occupation\", courts have considered various concepts, such as: work as an integrated whole, competitive productivity, demonstrated job performance vs. employment, work adaptation relative to impairment stability, suitable work, retraining considerations, self-employment, and remuneration/socio-economic status. The first segment of the paper reviews the above concepts largely in the context of pre-104 Income Replacement Benefit (IRB) entitlement, while the second segment focuses on post-104 IRB entitlement. In the final segment, the paper presents a critical evaluation of computerized transferable skills analysis (TSAs) in the occupational disability context. By contrast, support is offered for the notion that (neuro) psychovocational assessments and situational work assessments should play a key role in \"own occupation\" disability determination, even where specific vocational rehabilitation/retraining recommendations are not requested by the referral source (e.g., insurer disability examination).","PeriodicalId":79609,"journal":{"name":"Health law in Canada","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34718604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Editorial. 社论。

Health law in Canada Pub Date : 2016-05-01

Rosario G Cartagena

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The Ethical and Legal Dilemma in Terminating the Physician-Patient Relationship. 解除医患关系的伦理与法律困境。

Health law in Canada Pub Date : 2016-05-01

Helen Senderovitch

{"title":"The Ethical and Legal Dilemma in Terminating the Physician-Patient Relationship.","authors":"Helen Senderovitch","doi":"","DOIUrl":"","url":null,"abstract":"A physician-patient relationship is essential for the well-being of the patient, for without a strong and trusting relationship between both individuals, the patient may not receive the best care that they deserve. There are many legal policies and ethical principles a physician must follow when caring for a patient. It is both the legal and moral duty of the physician to act in the best interests of their patients, while making sure to respect them regardless of background and personal behaviours. The relationship is secured with both trust and respect, for without trust, the patient may hold back from stating their conditions which will result in the physician not providing them with all the care they require. Sometimes, lack of some of these key characteristics of the physician-patient relationship and other circumstances, may cause either the patient or the physician to terminate the relationship. Termination of a relationship creates a difficult situation for the patient, and therefore there are only specific situations where a physician may have permission to follow through and terminate their relationship. Both the law and ethical principles play a role in the decisions made by the physician in regards to their relationship with the patient, but regardless, the physician has the obligation to make sure their patient is receiving care by one means or another.","PeriodicalId":79609,"journal":{"name":"Health law in Canada","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34329342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Considering Tort Liability for Breaches to Privacy of Patient Data-- Managing Risks of Applicability of Privacy Torts, and Especially the Tort of "Intrusion on Seclusion" in the Health Context. 考虑侵犯患者数据隐私的侵权责任——管理隐私侵权的适用风险，特别是健康环境下的“侵入隐居”侵权。

Health law in Canada Pub Date : 2016-05-01

Rebecca Bromwich

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Physician-Assisted Death: Bringing Stakeholders Together. 医生协助死亡:将利益相关者聚集在一起。

Health law in Canada Pub Date : 2016-02-01

Rosario G Cartagena

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