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ELOM
Ethical, Legal, and Organizational Medicine
Sharef Danho and Adam Shehata, chapter editors Arnav Agarwal and Priya Bapat, associate editors Danielle Jeong and Graham Mazereeuw, EBM editors Dr. Ruby R. Shanker, staff editor
Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The Canadian Health Care System . . . . . . . . . . . 2
Overview of the Canadian Health Care System Legal Foundation
History of the Canadian Health Care System Health Care Expenditure and Delivery in Canada Physician Licensure and Certification
Role of Professional Associations
Ethical and Legal Issues in
Canadian Medicine . . . . . . . . . . . . . . . . . . . . . . . . 5 Introduction to the Principles of Ethics Confidentiality
Consent and Capacity
Negligence
Truth-Telling
Ethical Issues in Health Care
Reproductive Technologies
End-of-Life Care
Physician Competence and Professional Conduct Research Ethics
Physician-Industry Relations
Resource Allocation
Conscientious Objection
Aboriginal Legal and Health Policy
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Further information on these topics can be found in the Objectives of the Considerations of the Legal, Ethical and Organizational Aspects of the Practice of Medicine (CLEO) – which can be downloaded free of charge from the Medical Council of Canada website at http://mcc.ca/wp-content/uploads/CLEO.pdf
There are three main types of law in Canada: criminal, civil, and administrative. The penalties for violating each are, in general, as follows: criminal - fine or incarceration; civil - monetary damages paid to the wronged party; and administrative - sanctions by the regulator (such as a suspension by the College of Physicians and Surgeons). All three types of law can be engaged by a single act. For example, a physician that inappropriately touches a patient can be liable for criminal (sexual assault), civil (monetary damages paid to the patient for the civil wrong of sexual assault), and administrative (fines and sanctions up to and including loss of ability to practice medicine for sexual abuse) penalties.
Canadian law applicable to medical practice varies between jurisdictions and changes over time.
Criminal law is nationwide, but civil and administrative law varies between provinces and territories. This section is meant to serve only as a guide. Students and physicians should ensure that their practices conform to local and current laws.
Toronto Notes 2019 Ethical, Legal, and Organizational Medicine ELOM1