Volume 1 / Medical Module - Practitioners Press

Part 1 – SENIOR HEALTH
INTRODUCTION.

CHAPTER 1—CAPACITY, CONSENT TO (OR REFUSAL OF) TREATMENT AND EMERGENCY.
INTRODUCTION.
SECTION 1—CAPACITY.

Introduction.
Definition.
Statutes.
Case Law.
Conclusion.

SECTION 2—CONSENT/REFUSAL: DEFINITIONS AND STATUTORY COMPOSITES.

Introduction.
Definitions.
Preliminary Elements of Consent: Physician-Patient Communication.
Doctrine.
Establishing Informed Consent: Patient Knowledge and Physician.
Presumptions.
Consent.
Informed Consent.
United States—Doctrine.
Consent in Common and Civil Law.
Ontario.
Quebec.
Doctor’s Health.
Other Areas.
Physician-to-Physician Tips.
Educate the Patient.
Physician Disclosure.
Conclusion.

SECTION 3—CONSENT: CROSS-CANADA STATUTE REVIEW.

Introduction.
Consent.
Canada.
Alberta.
British Columbia.
Manitoba.
New Brunswick.
Northwest Territories.
Nova Scotia.
Nunavut.
Ontario.
Prince Edward Island.
Quebec.
Civil Code of Quebec (C.C.Q.).
Quebec Code Of Civil Procedure.
Quebec Charter of Rights and Freedoms.
Yukon.
Conclusion.

SECTION 4—CONSENT: FURTHER CASE LAW.

Introduction.
Consent (vs Battery
Duty to Preserve Life/Failing to Provide Necessities of Life.
Absence of Consent in Situations of Time Constraint/Emergency.
Parameters of Informed Consent: Cases on Doctor’s Disclosure/Advice.
Refusal of Treatment.
Principles from Findings on Consent.
Conclusion.

SECTION 5—EMERGENCY.

Introduction.
Conclusion.
CHAPTER 1—CONCLUSION.
APPENDIX I—FORMS: BASIC CONSENT WORDING.
APPENDIX II—FORMS: PETITION SEEKING AUTHORIZATION TO TREAT.

CHAPTER 2—MEDICAL ERROR/MALPRACTICE.
INTRODUCTION.
SECTION 1—DOCTRINE AND CASE LAW SURVEY.

Introduction.
Doctrine.
Ordinary Principles of Negligence/High Standard of Care Required of an Anaesthetist.
Want of Reasonable Care.
Violation of Standard Procedure.
Misdiagnosis.
Saying Condition is Inoperable with Months to Live.
Importance of an Apology.
Conclusion.

SECTION 2—DRUG AND MEDICAL ERRORS AND TIPS.

Introduction.
Prescription Drugs.
Medical Errors.
Administration in Hospital of the Wrong Drug, Dose or Treatment.
Poor Charting.
Late-Appearing Errors/PoorTransfer to Home.
Early Discharge and Deficient Aftercare.
Public Disclosure.
Conclusion.

SECTION 3—DOING BETTER: INITIATIVES/GOLDEN RULES/RECOMMENDATIONS.

Introduction.
Reducing Errors.
Improving Health Services.
Improving Practice for Physicians.
Making Medical Care Senior-Friendly.
Conclusion.
CHAPTER 2—CONCLUSION.

CHAPTER 3—ADVANCE CARE PLANNING.
INTRODUCTION.
SECTION 1 – INSURANCE AND ADVANCE MEDICAL DIRECTIVE (LIVING WILL).

Introduction.
Long-Term-Care Insurance.
Advance Medical Directive.
Definition.
Parties/Qualities.
Contents.
Instructive Component.
Proxy Component.
Non-health Addendum.
Conclusion.

SECTION 2 – ADVANCE MEDICAL DIRECTIVE: CASE LAW AND DOCTRINE.

Introduction.
Recognition of Refusal in Written Form
Canada.
Liability When Ignoring Patient Directive.
United States.
Doctrine.
Caution.
Conclusion.
CHAPTER 3 – CONCLUSION.

CHAPTER 4 –WITHHOLDING OR WITHDRAWING TREATMENT.
INTRODUCTION.
SECTION 1 – DEFINITIONS, OVERVIEW AND CASE LAW.

Introduction.
Definitions.
Overview.
Aggressive Curative Treatment.
Withholding or Withdrawal of Life Support.
Case Law.
Canada.
Petitioning the court for discontinuation of life support.
United States.
Great Britain.
Conclusion.

SECTION 2 – THE KRAUSZ CASE (HERMAN KRAUSZ: CORONER’S

INQUEST FILE NO.: 97345, OPINION NO.: A-125446.
Introduction.
Artificial Feeding and Hydration Are Not Nourishment, But Treatment.
Lay (Or Non-Professional) Commentators.
Conclusion.
CHAPTER 4 – CONCLUSION.
APPENDIX I—CASE BOOK FACT PATTERNS.

CHAPTER 5–EUTHANASIA AND ASSISTED DEATH.
INTRODUCTION.
SECTION 1—EUTHANASIA, THE WORLDWIDE EXPERIENCE.

Introduction.
Definitions.
Legislation.
Canada.
Mercy Killing.
International Law on Euthanasia.
Australia.
Colombia.
Great Britain.
Holland.
Switzerland.
United States.
Conclusion.

SECTION 2—EUTHANASIA: A STUDY MODEL AND JURISPRUDENCE.

Introduction.
Study Model for Understanding Euthanasia: Active, Passive, Self and False.
Double-Active Euthanasia Case Law: Canada and the United States.
Introduction-Double-Active Euthanasia.
Cases of Citizens Engaging in Double-Active Euthanasia.
Cases of Doctors and Double-Active Euthanasia.
Conclusion—Double-Active Euthanasia.
Active Euthanasia Case Law: Canada, United States and Great Britain.
Introduction—Active Euthanasia.
Petitioning the Courts for the Right to Assisted Suicide.
Cases of Citizens Engaging in Active Euthanasia.
Cases of Doctors Engaging in Active Euthanasia.
Should Canada Legalize Assisted Death?
Conclusion—Active Euthanasia.

SECTION 3—PRACTICE AID: PLEADINGS IN EQUITY FOR AND AGAINST EUTHANASIA.

Introduction.
Pleadings.
For Euthanasia.
Against Euthanasia.
Summations.
For Euthanasia.
Against Euthanasia.
Conclusion.
CHAPTER 5—CONCLUSION.

CHAPTER 6—THE GOOD DEATH: PALLIATIVE CARE (AND NONAGGRESSIVE MEDICAL
PROCEDURES) IN A PSYCHO-GERIATRIC UNIT AND HOSPICE.
INTRODUCTION.
SECTION 1 – PALLIATIVE CARE AND HOSPICE PERFORM A VALUABLE FUNCTION.

Introduction.
Definitions.
Overview.
Doctrine.
Players.
Hospice.
Hospice, the Canadian Experience.
Senate Committee.
West Island Palliative Care Residence.
Doing Better: Hospice and Palliative Care.
Quebec.
Hospice Facilities.
Recommendations.
Conclusion.

SECTION 2—THE SIXTEEN GUIDELINES: BMC MEDICAL ETHICS BIOMED CENTRAL LTD.

Introduction.
Guidelines.
Other Considerations.
Conclusion.

SECTION 3—DOCTOR’S LATITUDE AT END-OF-LIFE.

Introduction.
What May Now Be Possible In Law?
Caution Due To Delirium.
Conclusion.
CHAPTER 6 – CONCLUSION.
CHAPTERS 1-6—CONCLUSION.
APPENDIX I—THE SIXTEEN GUIDELINES: BMC MEDICAL ETHICS BIOMED CENTRAL LTD.
(RESEARCH ARTICLE).
APPENDIX II – DOCTORING: GOLDEN RULES/RECOMMENDATIONS CHECKLIST
(HOW PHYSICIANS MAY BETTER PRACTICE THEIR PROFESSION AND MAKE MEDICAL CARE
SENIOR-FRIENDLY!).
APPENDIX III—LISTS.

CHAPTER 7—HEALTH INSURANCE AND THE HEALTH/SOCIAL SERVICES.
NETWORK.
INTRODUCTION.
SECTION 1—DEFINITIONS, CANADA-WIDE STATUTE REVIEW AND PROGRAM SURVEY.

Introduction.
Definitions.
Overview.
Doctrine.
Canada-Wide Survey of Statutes and Health Insurance Programs.
Statutes.
Canada.
Health Insurance Programs.
United States of America.
Conclusion.

SECTION 2–HEALTH INSURANCE: PROBLEM AREAS.

Introduction.
Coverage and Claims.
Incongruence Amongst Canadian Provincial Plans.
Foreign Health Care.
Coverage.
Statistics.
Procedure and Timing.
Medical Information.
Rights.
Conclusion.

SECTION 3—FIGHTING THE HEALTH BUREAUCRACY: THE STEIN CASE, CHAOULLI AND MORE.

Introduction.
Fact Patterns.
Opting for Innovative Treatment.
Death Following Cancellation of Surgery/Procedure Refusal to Cover
Medical/Hospital Costs.
A Charter Right.
Lengthy Line-Ups.
Early Intervention Therapy.
United States.
Miscellaneous.
Conclusion.

SECTION 4—POLICY ARGUMENTS: THE FUTURE OF THE CANADIAN HEALTH SYSTEM.

Introduction.
Comparative Health Systems.
United States.
Sweden.
France.
Canada.
Wait List.
Options for Change in Canada.
Private Care.
New Facilities.
High-Tech Equipment.
Modest Proposals.
Tax Credits.
Allocation of Doctors’ Time (With-Fault) Health Insurance.
User Fees.
Statistics.
Criticism.
Romanow Royal Commission.
Conclusion.

SECTION 5—PRESCRIPTION DRUGS.

Introduction.
Statistics.
Eligibility/Opting Out.
Premiums.
Program Financing.
Price Differences between Canada and the United States.
Conclusion.
CHAPTER 7—CONCLUSION.APPENDIX I – Jacques Chaoulli et George Zeliotis c. Procureur général du Québec et Procureur général du Canada, cases cited in the judgment, a statute list and the Court bibliograpgy.
PART 1—CONCLUSION.
APPENDIX I—HEALTH INSURANCE:
GOLDEN RULES/RECOMMENDATIONS CHECKLIST (OBTAINING THE MAXIMUM COVERAGE!).
APPENDIX II – INFORMATION AND RESOURCES ON HEALTH.
APPENDIX III—DIRECTORY.
APPENDIX IV—INDEX.