MDLB 1221 MODULE E QUESTIONS AND ANSWERS A+
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constitutional law
between the people and the government; establishes, allocates, and limits public power;
can challenge denied rights of the Charter of Rights and Freedoms
statutory law
under federal = immigration, taxation, divorce; under provincial = education, family,
healthcare
regulatory law
laws made by authorized persons/organizations to govern a. particular group; affects
hospital boards, health care institutions, and bodies governing healthcare professionals
Regional Health Authorities Act
gives regional health authorities the power to make, implement, and enforce regulations
minister of health
oversees the manner in which healthcare professionals operate and govern themselves
and also retains the power to request a council to make, amend, or revoke a particular
regulation
civil law
legal system in which laws governing civil rights, relationships within society and
between people and property, and family relationships are written rather than being
determined by judges
common law
results from the decisions of judges (based on precedents); may serve to define
obligations and legal rights or to further explain an element of the "charter", the "privacy
act", or a regulation under the "occupational health and safety act"
public law
pertains to matters between the individual and society as a whole; includes criminal, tax,
constitutional, administrative, and human rights laws
private law
governs matters concerning relationships between people and includes contract and
property law, matters relating to inheritance, family law, tort law, and corporate law
Criminal Injury Compensation Boards
specialized agencies; to which a victim can apply for damages, bypassing the necessity
of launching a civil suit, once an individual has been convicted in a criminal court;
government assesses damages and awarded from public funds
tort law
covers the wrongful acts that result in harm or damage to a person or a persons
property; HCW may be accused of tort if a client experiences physical or emotional
injury resulting from something the HCW did
negligence
occurs when a HCW fails to meet the standards of care required; may result from
professional misconduct
duty of care
, the obligation to act in a competent manner according to the standards of practice; the
court must determine whether the defendant and the plaintiff had a relationship in which
the defendant "owed" a "__________" to the plaintiff
litigation
considers the standard of competency that a "reasonable person" (person with similar
training in a similar situation) is expected to meet
contract law
concerns legally binding contracts; a breach occurs when one of the parties fails to
meet the terms of agreement
criminal law
deals with crimes against the state or crimes deemed intolerable within society (murder,
racism, theft)
assault
can be as simple as a threat of touching of another person without their consent;
intentional application of force to the person of another without consent; no physical
injury to be present to establish
battery
the touching of another person without their consent; criminal offence involving unlawful
physical contact
competence
"capable of doing a certain thing; having the capacity to understand and act
reasonably"; the standard of care that's established and proclaimed by the hospital; the
specific professional competency standards established by individual organized
healthcare professional groups usually functioning at a national level (CSMLS)
confidentiality
the legal and ethical issue of protecting the right of the patient with respect to the
privacy and confidentiality of their medical records; includes all info about the patient
from their demographic data to medical history to present medical status; breach can
lead to dismissal; patient can pursue legal remedies
liability
legally obligated or responsible; in BC, most collective agreements for HCW prevent the
employer from suing negligent employees unless criminal negligence is established,
which meant that the negligent act is intentional; often used with negligence
contributory negligence
situations in which a patient contributes to their injury in some way; usually occurs when
a patient fails to follow doctors orders
standard of care
if a duty of care relationship can be established, the level of care or the competency
expected for the specific incident must be established as inadequate; duty of care has
been breached
injury
after determination of duty of care breach, courts decide whether the plaintiff has been
______; ______ must be quantifiable and demonstrable
causation
courts must examine the defendants and the injuries suffered by the plaintiff to
determine whether the injuries caused, in whole or in part, by the defendants breach of
GRADED. Buy Quality Materials!
constitutional law
between the people and the government; establishes, allocates, and limits public power;
can challenge denied rights of the Charter of Rights and Freedoms
statutory law
under federal = immigration, taxation, divorce; under provincial = education, family,
healthcare
regulatory law
laws made by authorized persons/organizations to govern a. particular group; affects
hospital boards, health care institutions, and bodies governing healthcare professionals
Regional Health Authorities Act
gives regional health authorities the power to make, implement, and enforce regulations
minister of health
oversees the manner in which healthcare professionals operate and govern themselves
and also retains the power to request a council to make, amend, or revoke a particular
regulation
civil law
legal system in which laws governing civil rights, relationships within society and
between people and property, and family relationships are written rather than being
determined by judges
common law
results from the decisions of judges (based on precedents); may serve to define
obligations and legal rights or to further explain an element of the "charter", the "privacy
act", or a regulation under the "occupational health and safety act"
public law
pertains to matters between the individual and society as a whole; includes criminal, tax,
constitutional, administrative, and human rights laws
private law
governs matters concerning relationships between people and includes contract and
property law, matters relating to inheritance, family law, tort law, and corporate law
Criminal Injury Compensation Boards
specialized agencies; to which a victim can apply for damages, bypassing the necessity
of launching a civil suit, once an individual has been convicted in a criminal court;
government assesses damages and awarded from public funds
tort law
covers the wrongful acts that result in harm or damage to a person or a persons
property; HCW may be accused of tort if a client experiences physical or emotional
injury resulting from something the HCW did
negligence
occurs when a HCW fails to meet the standards of care required; may result from
professional misconduct
duty of care
, the obligation to act in a competent manner according to the standards of practice; the
court must determine whether the defendant and the plaintiff had a relationship in which
the defendant "owed" a "__________" to the plaintiff
litigation
considers the standard of competency that a "reasonable person" (person with similar
training in a similar situation) is expected to meet
contract law
concerns legally binding contracts; a breach occurs when one of the parties fails to
meet the terms of agreement
criminal law
deals with crimes against the state or crimes deemed intolerable within society (murder,
racism, theft)
assault
can be as simple as a threat of touching of another person without their consent;
intentional application of force to the person of another without consent; no physical
injury to be present to establish
battery
the touching of another person without their consent; criminal offence involving unlawful
physical contact
competence
"capable of doing a certain thing; having the capacity to understand and act
reasonably"; the standard of care that's established and proclaimed by the hospital; the
specific professional competency standards established by individual organized
healthcare professional groups usually functioning at a national level (CSMLS)
confidentiality
the legal and ethical issue of protecting the right of the patient with respect to the
privacy and confidentiality of their medical records; includes all info about the patient
from their demographic data to medical history to present medical status; breach can
lead to dismissal; patient can pursue legal remedies
liability
legally obligated or responsible; in BC, most collective agreements for HCW prevent the
employer from suing negligent employees unless criminal negligence is established,
which meant that the negligent act is intentional; often used with negligence
contributory negligence
situations in which a patient contributes to their injury in some way; usually occurs when
a patient fails to follow doctors orders
standard of care
if a duty of care relationship can be established, the level of care or the competency
expected for the specific incident must be established as inadequate; duty of care has
been breached
injury
after determination of duty of care breach, courts decide whether the plaintiff has been
______; ______ must be quantifiable and demonstrable
causation
courts must examine the defendants and the injuries suffered by the plaintiff to
determine whether the injuries caused, in whole or in part, by the defendants breach of
