A Block Legal Studies - Today we start straight away in the Library / Learning Commons where we'll look at professional negligence. For your civil law project, there are things you should know about Professional Negligence and standard of care:
Reibl v. Hughes (1980, SCC)
The Court held that the actions of the doctor in this case were negligent. The relationship of doctor -patient gives rise to a duty for the doctor to disclose all material risks relationship to the recommended surgery. The Court held that the doctor failed to adequately communicate to the appellant the risks of the operation that he was to undergo. The doctor was negligent in leaving the patient with the opinion that he would be better off for having the operation. The doctor should have more clearly explained the incidences of mortality and the incidences of morbidity. He was also negligent in not making it plain to the plaintiff appellant that the operation would not cure his headaches. There was no neurological deficit that mandated the surgery. There was also no emergency that required the surgery
1. Lack of informed consent won't lead to liability for battery unless there is no consent at all, where there is fraud, or where the treatment went beyond the consent. However, negligence principles are to be applied.
2. modified objective test - relies on a combination of objective and subjective factors in order to determine whether the failure to disclose actually caused the harm of which the plaintiff complains. It requires that the court consider what the reasonable patient in the circumstances of the plaintiff would have done if faced w/ the same situation.
1st QUESTION: Whether the Dr. gave the warning?
2nd QUESTION: Would the patient have gone ahead anyway?
To succeed there are 3 steps:
1. Plaintiff must show that material risk existed
2. Plaintiff must show that material risk was not disclosed
3. Plaintiff must show that had risk been disclosed plaintiff would not have consented - prove using the subjective/objective test
1. Lack of informed consent won't lead to liability for battery unless there is no consent at all, where there is fraud, or where the treatment went beyond the consent. However, negligence principles are to be applied.
2. modified objective test - relies on a combination of objective and subjective factors in order to determine whether the failure to disclose actually caused the harm of which the plaintiff complains. It requires that the court consider what the reasonable patient in the circumstances of the plaintiff would have done if faced w/ the same situation.
1st QUESTION: Whether the Dr. gave the warning?
2nd QUESTION: Would the patient have gone ahead anyway?
To succeed there are 3 steps:
1. Plaintiff must show that material risk existed
2. Plaintiff must show that material risk was not disclosed
3. Plaintiff must show that had risk been disclosed plaintiff would not have consented - prove using the subjective/objective test
Although it's from the United States...
Family Compensation Act [RSBC 1996] Chapter 126
Medical Malpractice Canada
Lawyers BC Medical Malpractice
John McKiggan Medical Malpractice Informed Consent (minors)
Family Compensation Act [RSBC 1996] Chapter 126
Medical Malpractice Canada
Lawyers BC Medical Malpractice
John McKiggan Medical Malpractice Informed Consent (minors)
FYI:
Spraggs & Co. Should I Claim My Work Injury with WorkSafeBC or in a Personal Injury Lawsuit?
Worksafe BC The basics of making a claim
Worksafe BC What you need to know about benefits and lawsuits for injury, death, or disease in the workplace
Worksafe BC Critical Incident Response
Worksafe BC Workers compensation and Lawsuit basics
Spraggs & Co. Should I Claim My Work Injury with WorkSafeBC or in a Personal Injury Lawsuit?
Worksafe BC The basics of making a claim
Worksafe BC What you need to know about benefits and lawsuits for injury, death, or disease in the workplace
Worksafe BC Critical Incident Response
Worksafe BC Workers compensation and Lawsuit basics
B Block Human Geography - Today You'll need to work on your questions connected to "Why Do Ethnicities Engage in Ethnic Cleansing and Genocide"? Specifically on the former Yugoslavia (1991-1999) and ethnic cleansing (look at Srebrenica in the Bosnian War).:
- Define ethnic cleansing
- How is ethnic cleansing different than normal warfare?
- Regarding the Yugoslav refrain that was common during the rule of Josip Tito, identify Yugoslavia’s: Five Nationalities; Four Languages; Three Religions; and Two Alphabets
- Why did Serbs and Croats in Bosnia (aka Bosnia-Herzegovina) ethnically cleanse themselves of Bosnia Muslims?
- After the 1996 Dayton Accords (end of Yugoslav civil war) What country controlled Kosovo
- What ethnic group lives in Kosovo (and %)?
- With the breakup of Yugoslavia, what began to happen in Kosovo?
- How did the U.S. and U.N. respond?
- Define balkanized
- Define balkanization
C/D Blocks Social and Environmental Sciences - First block after lunch we are in the Library / Learning Commons to continue work on your environmental outreach project. In D block, with Benton in room 145 you're continuing to work on ecological succession with elevation. You’ll be doing a mountain ecology section on Hawai’i, looking at the establishment and evolution of ecosystems in Hawai'i in pre Polynesian contact times and then through both Polynesian and then American times. You'll try to see how volcanic mountains affect ecosystem development.
If there's time, when we look at succession rates connected to ecosystems and energy flow (primary production and then also succession), to make sense of ecosystem evolution and community succession (thrown in will be the terms establishment and extinction) we'll try to understand how species co-evolve and adapt to create complex communities (self regulation and emergent properties) and then we'll look at Mount St. Helens to understand primary and secondary succession. The PBS video Mt St Helens Back From the Dead is very good (specifically chapters 3 "The Blowdown Zone" and 5 "Bouncing Back")
Today's Fit...
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