Tort accountability of governments and institutions in the Canadian Health Care System.
Published: 2006
Language: eng
Number of pages: 157
ISBN-13: 9780494212158
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Medicare -- Law and legislation -- Canada.; Government liability -- Canada.; Tort liability of hospitals -- Canada.
Description: This paper explores the disconnect between changes in the health care system and the Canadian institutional and governmental tort jurisprudence. The clinical and policy literature increasingly recognizes that systemic actors carve out an important role for themselves in quality of care, and are in the best position to address and prevent injuries. In addition, the role of systemic actors in organizing the health care system, particularly given recent integration reforms, allows them a greater ability to affect quality of care. Canadian tort jurisprudence fails to reflect these changes, continuing to focus on the liability of physicians. This approach is in contrast to that of US and English courts, which employ greater institutional liability and show a more sophisticated understanding of the modern health care system. I argue that Canadian courts should similarly reconsider the legal relationships between patients and systemic actors, and be more sensitive to systemic causes for injuries.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1279.

Thesis (LL.M.)--University of Toronto, 2006.

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