Law 3101A/B Chapter Notes - Chapter 1: Dental Surgery, Sexual Assault, Health Professional
Document Summary
The law is not value-free it favours some interests over others: e. g. Setting a maximum highway speed = making decision about # of tolerable deaths on highway. Law vs. ethics: law sets the minimum standard for the coercive state power: just because something is not a criminal offence doesn"t mean it"s a legally entitled right, e. g. Just because canadian charter says euthanasia is not a criminal offence, it doesn"t give patients a legal right to ask for euthanasia. More legalistic and litigious society: all professionals under greater legal scrutiny, american concept. Some of the conventional responses to the increasingly challenging legal environment are unnecessary, costly and cumbersome: e. g. A signed consent form is only partial proof of consent. E. g. psychoanalysis used to be funded by provincial government, but not anymore: provincial governments are under tremendous pressure to streamline health care services and reduce costs. Not expected to know the law, or be omniscient, an insurer or always right.
