Health Sciences 3101A/B Study Guide - Final Guide: Grand River Hospital, Doctors Of Bc, Cardiothoracic Surgery

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Narrow breach of standard of care: failure to exercise standard of care expected of reasonable person given circumstances. Broad branch of tort law: negligence v. errors in judgment, decision may have been wrong in hindsight, but was not unreasonable, negligence v. incompetence. Incompetence = unable to meet standards of profession. Defendant must prove: prejudicial conduct contributory negligence of plaintiff, plaintiff voluntarily assumed risk. Government liability for overcrowding, wait lists and selective funding: govt not liable for financial decisions resulting in overcrowding and wait times, that"s a policy issue accountable for electorate, not court. Criticisms of adversarial system: hard to get compensated, slow moving and expensive, technical nature of evidence, experts don"t want to testify against colleagues. Inhibits communication b/w docs and patients: lowers doc moral. Negligence in assessment and diagnosis: muir v. alberta patient put in mental institution at young age, despite no psychometric testing, no action taken despite thoughts of emotional issue rather than mental.